Activists in Bengaluru have alleged irresponsibility and apathy on part of the Bangalore Metro Rail Corporation Limited over the death of a 24-year-construction worker in the previous week. The victim, Dhananjay Kumar, hailing from Bihar died on Wednesday while on duty at the Jayanagar construction site of the metro after a beam that was being erected fell on him. The All India Central Council of Trade Unions pointed out that Dhananjay’s family is yet to be paid any compensation and objected to the BMRCL being left out of the police case.
Demanding immediate relief of Rs 50 lakh for the victim’s family and corrective action on part of the metro authority, AITTUC has written to the Labour Department and the Karnataka Buiding and other Construction Workers Welfare Board.
AICCTU demanded that BMRCL be held responsible as it is the principal employer and has pointed out that there have been 20 such deaths during metro construction work since 2013 due to alleged negligence and violations of norms.
Responding to the issue, BMRCL chief spokesperson Yashwant Chavan said that every worker is insured and his family will get the compensation amount after the formalities are over. “Already the investigation over the accident is underway. The concerned Executive Director will look into the accident and there will be independent scrutiny by the state Labour Department,” he said.
Dhananjay was one of the many workers who were subcontracted by construction majors URC for this stretch of the metro work.
After Dhananjay was declared brought dead by a hospital, police registered a first information report (FIR) against four officials of URC working in the site but did not name any BMRCL official as the accused.
As part of its letter, the AITTUC, said, “Another unfortunate aspect of the matter is that reportedly, a case has been filed only against three members of the contractor, and not against the BMRCL itself. It must be noted that the BMRCL, as a principal employer, is equally liable for having caused the death of Shri Dhananjay by negligence, and the appropriate official would be liable to be punished under section 304A of the IPC.”
The letter added, “Pertinently, the Employees Compensation Act, 1923 makes it very clear in section 12 that the Principal Employer and contractor would both be liable to compensate for accidents arising out of and in the course of employment of the worker. It may also be noted that section 44 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Al, 1996, it is provided that an employer shall be responsible for providing constant and adequate supervision of any building or other construction work in his establishment as to ensure compliance with the provisions of this Act relating to safety and for taking all practical steps necessary to prevent accidents.”
The full list of AITTUC demands have been reproduced below
1. Compensation of Rs. 50 Lakh to be paid by BMRCL to the family of the deceased.
2 Further compensation to be provided by the Kamataka Building And Other Construction Workers Welfare Board.
3 Criminal complaint to be filed against the BMRCL for its numerous statutory violations including criminal negligence leading to the untimely demise of Shri Dhananjay Kumar.
4 A complete audit of safety mechanisms adopted by BMRCL to be conducted by the Monitoring Committee.
5. Action to be initiated against BMRCL and contractors in terms of sections 47 and 50 read with section 53 of the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996.