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Bn Rana
in Criminal Law Civil Law Civil Procedure Law
Asked October 20, 2017

Delay in settlement of dues after accident by employer

  • 1 Answer

Dear Concern, My cousin brother died in a road accident in the year of 2005 and as on today from the company side they have not settled any amount like Group Insurance,PF,ESIC and also for road accident state Govt also not pay any think or any communication both site , His father and staying in native Odisha but after lot of communication with Labour office to get this case resolve no help from them also. I contacted with ramanagar police station for the process they said need to be check because of old case. Need help from you what action can be take? Please help .

Answer 1

In a case where an employee suffers injury or loss of life sue to an accident, reliefs are available under various statutes. In case the accident took place while performing duties in the course of employment. Relief may be sought under the Workmen’s Compensation Act, the Employee State Insurance Act or the Motor Vehicle Act. However relief may be sought only under one of the stated statues and not each one of them.

In the present case the same may be subject to the terms of the contract so entered into by the employee and employer. It is difficult to determine what compensation the injured party may be eligible to obtain without having access to the contract. In case such a provision is available in the contract and the employer fails to fulfil it, the person can file a case for specific performance of the contract.

Agree Comment 0 Agrees over 3 years ago

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