Bintai Kindenko Pte Ltd v Biswas Dipu: Work Injury Compensation - Principal's Liability

In Bintai Kindenko Pte Ltd v Biswas Dipu, the High Court of Singapore heard an appeal by Bintai Kindenko Private Limited against the Assistant Commissioner of Labour's order to compensate Biswas Dipu for injuries sustained during his employment with Ling United Pte Ltd, a subcontractor of Bintai. The court, presided over by Choo Han Teck J, dismissed the appeal, finding Bintai liable as a principal under Section 17 of the Work Injury Compensation Act. The primary legal issue was whether Bintai was liable as a principal for the injuries sustained by Biswas at Ling United's workshop. The court held that Bintai had undertaken to execute work at the workshop, making them liable under the Act.

1. Case Overview

1.1 Court

High Court of the Republic of Singapore

1.2 Outcome

Application dismissed

1.3 Case Type

Civil

1.4 Judgment Type

Judgment

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding work injury compensation. The court found Bintai Kindenko liable as a principal for Biswas Dipu's injuries sustained at a subcontractor's workshop.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Bintai Kindenko Private LimitedApplicantCorporationApplication dismissedLostRamesh Appoo
Biswas DipuRespondentIndividualOrder upheldWonPang Khin Wee

3. Judges

Judge NameTitleDelivered Judgment
Choo Han TeckJudgeYes

4. Counsels

Counsel NameOrganization
Ramesh AppooJust Law LLC
Pang Khin WeeHoh Law Corporation

4. Facts

  1. Bintai hired to carry out air-conditioning and mechanical installation work at a project site.
  2. Bintai entered into a subcontract with Ling United to fabricate air-conditioning ducts and install them at the Project Site.
  3. Biswas, an employee of Ling United, sustained an injury at Ling United’s workshop.
  4. A malfunctioning foot pedal caused part of the machine to fall onto Biswas’ right hand, injuring his hand and fingers.
  5. The Ministry of Manpower sent a Notice of Assessment to Ling United and Biswas.
  6. Ling United became uncontactable.
  7. Biswas filed an objection to the NOA stating, “I do not want Employer to be payer.”
  8. The ACL found that Bintai was liable to pay Biswas the full sum of $21,174.89 as a principal under s 17(1) of the Act.

5. Formal Citations

  1. Bintai Kindenko Pte Ltd v Biswas Dipu, Tribunal Appeal No 3 of 2019, [2019] SGHC 242

6. Timeline

DateEvent
Bintai entered into a subcontract with Ling United Pte Ltd.
Biswas sustained an injury at Ling United’s workshop.
ACL ordered Bintai to pay Biswas compensation.
ACL’s order was amended to reflect the accident occurred on 4 November 2016.
Hearing date
Hearing date
Judgment reserved

7. Legal Issues

  1. Principal Liability under Work Injury Compensation Act
    • Outcome: The court held that Bintai was liable as a principal under s 17 of the Work Injury Compensation Act because the workshop was a site where work was done for the purpose of the principal’s job at the work site.
    • Category: Substantive
    • Related Cases:
      • [2005] SGHC 186
  2. Amendment of Order
    • Outcome: The court held that the amendment to the ACL’s order was the correction of a clerical mistake under reg 11(2) of the Work Injury Compensation Regulations.
    • Category: Procedural
  3. Service of Notice of Assessment
    • Outcome: The court held that the failure to serve the NOA on Bintai was an irregularity, but did not prejudice Bintai because they had notice of the claim and the opportunity to present evidence.
    • Category: Procedural

8. Remedies Sought

  1. Compensation for injuries sustained during employment

9. Cause of Actions

  • Work Injury Compensation Claim

10. Practice Areas

  • Work Injury Compensation
  • Construction Law

11. Industries

  • Construction

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
Magaforce Construction v Khamso Wirat and othersHigh CourtYes[2005] SGHC 186SingaporeCited to determine the meaning of 'place' in s 17(5) of the Work Injury Compensation Act and whether it extends to a fixed location.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
Work Injury Compensation Act (Cap 354, 2009 Rev Ed)Singapore
s 17 of the Work Injury Compensation ActSingapore
s 24 of the ActSingapore

15. Key Terms and Keywords

15.1 Key Terms

  • Work Injury Compensation Act
  • Principal Liability
  • Subcontract
  • Notice of Assessment
  • iReports
  • Workshop
  • Accident arising out of and in the course of employment

15.2 Keywords

  • Work Injury
  • Compensation
  • Principal Liability
  • Construction Accident

16. Subjects

  • Work Injury Compensation
  • Employment Law
  • Construction Law

17. Areas of Law

  • Employment Law
  • Work Injury Compensation Act
  • Principal Liability