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Is Owner responsible for contractor appointed worker for his death.
13-Jun-2023 (In Labour & Service Law)
We had appointed a contractor to replace rooftop of our factory. This was a one day job and therefore we had given contract verbally only. Unfortunately, a worker falls down from height and is in serious condition. Since we do not know the worker, had seen him first time and was appointed by the contractor, are we responsible for the mishap. According to police, they say the owner is responsible for negligence. But bail can be taken from police station itself. My take: It is the sole responsibility of contractor for the safety of its workers. Owners cannot meddle in contractors work. Police want to manipulate a case against the owner. Require strong views of the law.
As per the provision of the Workmen Compensation Act, any casuality or any accident occurring during the course of employment, the contractor who employed the said workers is required to provide adequate safety measures to his/her workmen, in the given situation, the contractor is responsible for the said accident as the workmen was not employed by you, he was employed by the said contractor. Thus, if the said police authorities create any kind of problem regarding the same, then you will have to obtain anticipatory bail from High Court under section 438 of CrPC. Also, if the FIR has been registered for the same, you can opt for the bail and thereafter you will have to contest the case which will eventually result in your acquittal or you can make a complaint to the superior officers of the said police authorities who are conspiring to make a case against the owner of the said premises.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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