Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us atcitizen.dtnext@dt.co.in
Chennai:
ESI Act provides for damages in case of occupational disease
I work as a shop manager. The shop owner forced me to work all through the past few months without providing any protective gear. I contracted COVID-19 and from me my family members also got infected. Though we had to incur so much extra cost for treatment, the shop owner has turned his back towards us saying he will not meet any of my hospital expenses. In the case of many other jobs, people stayed at home and got paid. How can I insist my shop owner pay for my treatment? — Durairaj, Chromepet
In the absence of any contract between you and your employer, you cannot demand any extra payment for doing work during COVID time. However, it is the obligation of the employer in terms of directions issued under the Disaster Management Act to provide required protective gear to those whom he employs. If the employer doesn’t pay for such protective gear, one can move the labour court for claiming the amount equivalent to the cost of protective gear. As regards treatment expenses, that again depends upon your terms of employment. However, in the case of any occupational disease, the ESI Act provides for compensation; but whether a pandemic like COVID-19 can be considered as an occupational disease is a moot question.
SPCA can act in cases of cruelty towards animals
I came across a case of extreme animal cruelty and neglect where a family had tied up their pure breed pet and neglected it to such an extent that the poor animal was covered with maggot wounds and sores. The dog was rescued by a volunteer association and I am planning to adopt the dog. My query is, as a non-invested party, can I initiate legal action against the former owners who neglected their pet dog? Can they be compelled to pay for the dog’s treatment? —Vrishika, Chennai
Under the Prevention of Cruelty to Animals Act, 1960, the dog’s owner is liable to be prosecuted by the officers appointed under the Act. You can file a complaint before the Society for Prevention of Cruelty to Animals (SPCA), who may initiate action. There is no law by which you can proceed yourself.
DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns.
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