(Regd.Office Madras, 2004 LLR 621 (Mad HC). application no.32 of 1987, filed by the present respondent - shankar singh, h & f contractor, ..... employer or the immediate employer. Hindustan Monark (Pvt.) We hope you will find this information useful. (2000) 1 SCC 332: 2000 SCC (L&S) 121: AIR 2000 SC 238: 2000 LIC 203: (2000) 1 LLN 70: 2000 LLR 1036 (Ker HC). • Liability of Employer - Establishment closed down - Initiation of recovery proceedings after closure of establishment for recovery of dues in respect of period prior to closure. Ltd., 2007 LLR 214 (Karn HC). 1. employees’ provident funds & misc. Ltd. Pune v. Employees' State Insurance Corporation, Pune, 2005 LLR 1165 (Bom HC). Director, Employees' State Insurance Corporation, 2007 LLR 1061 (Ker HC). The amended Act covers all factories, which employ 10 or more persons irrespective of the fact whether the manufacturing process is being carried out with the aid of the power or without the aid of the power. • One time payment of ex-gratia will not be 'wages' under ESI Act to attract contributions. Employees' State Insurance Corporation v. Vijayamohini Mills, (1990) II LL) 464: 1990 LLR 305: 1990 (1) LLN 902 (Ker HC). These are seasonal and temporary nature of occupations. Employees' State Insurance Corporation v. M/s. • Payment made for construction of office building through contractor will be deemed as wages to attract the levy of EST's contributions. Regional Director, Employees' State Insurance Corporation, Madras v. Godrej Soaps (Pvt.) Ltd., (1998) 1 sec 86: (1998) I LLJ 274: (1998) 1 Mah LJ 22: (1998) 2 MLJ 33: ]997 LLR 1097 (SC). Harrison Malayalam (Pvt.) 18. DU Power Ltd. v. Employees' State Insurance Corporation, 2006 LLR 1110 (P&H HC). 3 [***]]. Federation v. Regional Director, Employees' State Insurance Corporation, (2004) 1 LLJ 880: 2004 LLR 50 (Karn HC). Employee State Insurance Act, 1948 • ESI Scheme of India, is a multidimensional social security system tailored to provide socio-economic protection to worker population and their dependants covered under the scheme. • No provident funds contribution on the back-wages if employee was not on duty. M/s Sumangali v. Regional Director, ESI Corporation, 2008 LLR 941 (SC). Regional Director, Employees' State Insurance Corporation v, Prabhakar V. Vibhandik, (1998) III LLI (Supp) 1124: 1997 LLR 114 (Bom HC). The Commissioner shall dispose compensation cases within a time period of 3 months. Ltd. v. Regional Director, Employees' State Insurance Corporation, (1994) 69 FLR 1142: (1994) 2 UN 814: 1995 LLR 28 (Bom HC). Employee State Insurance Act, 1948 Presented By : Namrata Jadhav 58 2. M/s. Ganesh Textiles v. Regional Director, Employees' State Insurance Corporation, Jaipur, (2004) 100 FLR 398: (2004) II LLJ 136: 2004 LLR 213 (Raj HC). Sarin, (1993) 4 SCC 363: 1994 SCC (L&S) 3: 1993 LLR 945 (SC). Ltd., 2002 LLR 118 (Karn HC). Rayalaseema Concrete Sleepers Pvt. Duration of enhanced Sickness Benefits is up to 7 days in the case of Vasectomy and up to 14 days in the case … Incentive bonus paid to employees as per settlement will be 'wages' for ESI contributions and the periodicity of such payment will be immaterial. Saraswath Films v. Regional Director, Employees' State Insurance Corporation, Triuchi, (2002) 3 LLJ 169: 2002 LLR 930 (SC). Eachin Steamer Agents Association v. Employees' State Insurance Corporation, 2004 (I) LL] 617 (Ker HC). Employees' State Insurance Corporation, Bangalore v. A.K. The scheme envisaged by it is one of compulsory State Insurance providing for certain benefits in the event of sickness, maternity and employment injury to workmen employed in or in connection with the work in factories other than seasonal factories. Employees' State Insurance Corporation v. Dhiren Chaudhunj, 2006 LLR 528 (Gau HC). Management of National Institute of Port Management, Chennai v. Presiding Officer, Central Government Industrial Tribunal-cum-Labour Court, Chennai, 2005 LLR 586 (Mad HC). R. Dhandayuthapani v. C.R. The E. S.I. Ltd., 2009 LLR 109 (SN) (Bom HC). The Act contains several important definitions and provisions that regulate these workers. 195 per day, Rs. 100 per month ¬Management also entitled to withdraw the scheme at any time - Whether payment of production bonus to the employees under the Production Bonus Scheme fell within the definition of wages under section 2(22) of the ESI Act? The Act provides for periodical payments to an insured woman in case of confinement or miscarriage or related sickness. Lakshmii Press v. Regional Director, £.S.I. Wage ceiling for coverage under the Employees’ State Insurance Act, 1948 has been enhanced from Rs.7500 to Rs.10000 per month. Ltd. v. Regional Directors, Employees' State Insurance Corporation, Mumbai, 2005 LLR 184 (Bom HC). [Act No. Employees' State Insurance Corporation v. Oxford University Press, 1993 LLR 450 (Mad HC). Employees’ State Insurance Act, 1948. Employees' State Insurance Corporation, Indore v. Hind Syntax Ltd., 2004 LLR 260: 2004 (100) FLR 586 (MP-HC). Employees' State Insurance Corporation, Hyderabad v. A.P. Employees' State Insurance Corporation, Bangalore v. Goge Textiles Ltd., Belgaum, 2000 LLR 336 (Kar HC). Under Section 46 of ESIC Act, totally six social security benefits have been conferred on employees working with various organizations across India. It’s every man’s business to see justice done. Carbon & Chemicals L.E. Exemption of a factory or establishment or class of factories or establishments from the operation of this Act will be granted only if the employees in such factories or establishments are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act. • Amended provisions for recovery of ESI contributions will have retrospective effect. All Escorts Employees Union (Regd.) In the said Scheme, in paragraph 72, in sub-paragraph (6):—. Sub-Regional Office, Employees' State Insurance Corporation, Hubli v. Krishchand Shetty, 2006 LLR 42 (Karn HC). Employees State Insurance Law in India is a self-financing and self-regulating social security scheme of the Central Government of India. The Employees’ State Insurance Act incorporates a number of sections, these sections provide for medical benefits and insurance for any employees working under factories registered under the ESI Corporation. Ltd. v. Employees' State Insurance Corporation, 2008 LLR 316 (AP HC). D.C.M. esic services will be available to these mobile and migratory workers with no geographical barrier. National Textile Corporation (Madhya Pradesh) Ltd. v. Employees' State Insurance Corporation, Indore, (1998) 111 LLJ (Supp) 975: 1997 LLR 215 (MP HC). Employees' State Insurance Corporation, Hyderabad v. AP. Employees' State Insurance Corporation, Chandigarh v. Kelvinator of India Ltd., (1997) 2 Punj LR 499, 1998 II LLJ 438 (P&H HC). Employees’ State Insurance is a self-financing social security and health insurance scheme for Indian workers. Change ), You are commenting using your Google account. Employees' State Insurance Corporation, Kanpur v. Lallan, 2006 LLR 898 (All HC). the employees' state insurance act, 1948 provides an adequate machinery for adjudication of the matter. Employees Covered. Abu Marble Mining Pvt. Employees' State Insurance Corporation v. Duncan Gleneagles Hospital Ltd., (2005) 3 CHN 116: 2005 LLR (SN) 1071 (Cal HC). Quality Inn Southern Star v. The Regional Director, Employees State Insurance Corporation, 2008 LLR 119 (SC). Such situation is not contemplated under the Act, as it will defeat the object of the Act. All factories excluding seasonal factories employing 20 or more persons and working without power. Gupta, 2002 LLR 687: 2002 LIC 1014: 2002 (93) FLR 1147: 2002-1 LLJ 1143: 2002 (2) LLN 649 (Ori HC). Employees' State Insurance Corporation v. Radhas Printers, 1996 LlC 2388: (1996) 2 CLR 261: (1997) 90 FJR 271: (1996) 1 KLT 781: 1996 LLR 718 (Ker HC). • A director cannot escape liability for payment of ESI contributions on the ground that his son was responsible. Un-Skilled: Rs. 15000 w.e.f 01-05-2010, Enhancement of wage ceiling of a workman from Rs. Unorganized sector doesn’t have labour law coverage. Baijoo Sales, jaipur v. Regional Director, Employees' State Insurance Corporation, jaipur, (1994) 84 FJR 169: (1994) 2 LLN 292: 1994 LLR 263 (Raj HC). SOCIAL SECURITY LAWS in India. Employees' State Insurance Corporation v. R.P.M. Employees' State Insurance Corporation v. Gnanambigai Mills Ltd., (2005) 6 SCC 67: (2005) 106 FLR 819: (2005) 5 SLR 361: (2005) 3 LLN 735: 2005 LLR 905 (SC). It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. New Taj Mahal Cafe (Pvt.! It may be stated that Section 50 of the Employees' State Insurance Act, 1948 provides as under : "50. Kuttukaran Engine Rebuilders v. Employees' State Insurance Corporation, 1999 III LLJ (Supp) 31: 1997 (2) KLT 550: 1997 (3) LLN 624 (Ker HC). K.C. Bangalore Turf Club Ltd. v. Regional Director, Employees' State Insurance Corporation, 2003 LLR 178: 2003-1 LLJ 73 (Karn HC). For all employees earning Rs 15000 or less per month as wages, the employer contributes 4.75 percentages and employee contributes 1.75 percentages, total share 6.5 percentage. Bihar State Electricity Board, Patna v. The Presiding Officer, Labour Court, Patna, (2002) 95 FLR 812: (2003) 1 CLR 644: 2002 LLR 1179 (Pat HC). Bharaqgath Engineering v. R. Ranganayaki, (2003) 2 SCC 138: (2003) I LLJ 558: (2003) 1 LLN 819: 2003 LLR 227 (SC). Employees' State Insurance Corporation v. Jalandhar Gymkhana Club, (1993) 1 CLR 220: 1992 LLR 733: 1992 (65) FLR 948 (P&H HC). A new section 51-E has been added for this purpose. Employees' State Insurance Corporation v. Om Shiv Die and Leaf Printers, 2008 LLR 1044 (Del HC). Chandramathi v. Employees' State Insurance Corporation, 2003 LLR 950: 2003-111 LLJ 1122 (Ker HC). Madras Government Servants Cooperative Society Ltd, v. Employees' State Insurance Corporation, (1996) 2 LLN 1216: (1997) 1 MLJ 606: 1998 LLR 178 (Mad HC). Comer House Fun Food Cafe, 1998 LLR 797: 1998 (80) FLR 768 (Karn HC). Whirlpool of India Ltd. v. Employees' State Insurance Corporation, (2000) 3 SCC 185, AIR 2000 SC 1190, (2000) 2 LLN 72, 2000 LIC 1023, 2000 LLR 431 (SC). Contention that employees having settled their claims had gone away and as such there is no liability of the employer to contribute, Held, such a plea is untenable since the very object of establishing a fund under section 26 of the Act is for the benefit of all the employee and cannot be thwarted if such contention is put. 6. Employees' State Insurance Corporation (Rep. by Regional Director), Madras v. M. Ganesan, (2001) 1 LLJ 1662: 2001 LLR (Sum) 847 (Mad HC). Regional Director, EmpLoyees' State Insurance Corporation, Trichur v. T.K. Management of Oriental Hotels Ltd., Chennai v. Employees' State Insurance Corporation (represented by Regional Director), Chennai, (2001) 1 LLN 943: (2002) 1 LLJ 14: 2001 LLR 489 (Mad HC). Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India Ltd., 2007 LLR 214 (Karn HC). Hotels Ltd. v. T.E. Any person employed for wages (upto Rs. 235 per day, Rs. (iii) COVERAGE OF ESTABLISHMENTS UNDER THE ACT. Employees' State Insurance Corporation, Regional Office, Kolkata v. Hooghly Mills Company Ltd., Regional Office, Kolkata, (2004) 1 LLJ 5, 2003 LLR 1160, 2003 (99) FLR 601 (Cal HC). Ltd. v. The Regional Director, Employees' State Insurance Corporation, Madras, 1990 LLR 364: 1991 (2) LLJ 29 (Mad HC). Ltd., New Mangalore, 2002 LLR 558 (Karn HC). EmpLoyees' State Insurance Corporation v. Aluminium Industries Ltd., 2003 LLR 23 (Ker He). Employees' State Insurance Corporation v. Vattiyoorkavu H. W. Cooperative Society, (1997) 1 Ker LT 342, 1997 LLR 347,1997-1 CLR 689 (Ker HC). Ideal Trading Corporation v, Employees' State Insurance Corporation, (2001) II LLJ 498: 2001 LLR 1055 (Gau HC). When there is a causal connection between the accident and the place where the employee is working, compensation is payable for the disability or death of the person according to the Employees Compensation Act. 2. v. Hotel Corporation of Delhi, 2008 LLR 640 (Del HC). Sawarmal Agarwalla v, State of Assam, 2006 LLR (SN) 539 (Gau HC). Employees' State Insurance Corporation, Sub-Regional Office, Hubli v. A.P.S. Western India Plywood Ltd. v. Shri P. Ashokan, (1997) 7 sec 638: AIR 1997 SC 3883: 1997 (8) Supreme 260 (SC). Shop Employing 20 or more persons. Star Industries Ltd., Dharwad, (2003) 4 Kant LJ 297: (2003) 3 LLN 594: 2003 LLR 972: 2003-III LLJ 411: 2003 (98) FLR 1207 (Karn HC). S.O. Employees' State Insurance Corporation, Hyderabad v. Chirala Cooperative Spinning Mills Ltd., Chirala, Prakasam District, 2005-1 LLJ 1016 (AP HC). The employer should obtain the declaration from the employees covered under the Act and submit the same along with the return of declaration forms, to the E.S.I. Ltd. v. Employees' State Insurance Corporation, (1997) 76 FLR 837: (1997) 1 LLJ 846: 1997 LLR 774 (All HC). Siddeshwar and Company v. Employees' State Insurance Corporation, 1998 LIC 157: (1997) 3 LLN 589: (1997) 77 FLR 558: 1997 (3) LLN 589 (Kar HC). Lark Laboratories (India) Ltd. v. Government of National Capital Territory of Delhi, 2006 LLR 1093 (Del HC). Congress then enacted the McCarran-Ferguson Act (15 U.S.C. Sawarmal Agarwalla v. State of Assam, 2006 LLR (SN) 539 (Gau HC). The Employee State Insurance Act, [ESIC] 1948, is a piece of social welfare legislation enacted primarily with the object of providing certain benefits to employees in case of sickness, maternity and employment injury and also to make provision for certain others matters incidental thereto. Director, Employees' State Insurance Corporation, Kanpur, 2003 AJI LJ 1367: (2003) II LLJ341: 2003 LLR 476 (AJI HC). • Washing allowance would not be 'wages' for ESI contributions. • Meals allowance paid to employees will, however, not come within the purview of 'wages' under the Act. compensation Act 1923 and Employees State Insurance Act 1948. S.L. 1. 23 of 2005 Ker. Employees' Stale Insurance Corporation v. Naduvattam C.M. Employees' State Insurance Corporation, Hyderabad v. M/s. Grand National Hotel, (1999) 4 LLN 1047: (1999) II LLJ 911: 1999(83) FLR 808: 1999 LLR 921 (Karn HC). After three years of inactivity. Vasunathi v. Employees' State Insurance Corporation, 1997 KLT 415 (Ker HC). Employees' State Insurance Corporation, Hyderabad, through its Regional Director v. Amina Bee, 1993 LLR 672 (AP HC). Employees' State Insurance Corporation, Mumbai v. Golden Gate Restaurant, (2002) 1 CLR 500: 2002 LLR 341: 2002 LIC 1570: 2002 (92) FLR 1078: 2002 (I) LLJ 972: 2002 (I) LLN 957 (Bom HC). People at work in the UK benefit from a minimum charter of employment rights, which are found in various Acts, Regulations, common law and equity.This includes the right to a minimum wage of £8.21 for over 25-year-olds under the National Minimum Wage Act 1998. Regional Director, Employees' State Insurance Corporation, Madras v. Bapuji Press (represented by its Manager), Madras, 2008 LLR 812 (Mad HC). Udipi Sri Anand Bhavan v. Regional Director, Employees' State Insurance Corporation, 2004 (I) LLJ 647 (AP HC). Regional Director, EST Corporation, Madras Y. Aruna Stores, Proprietor .J Shantha, 2005 LLR 500 (Mad HC). Every employer to whom the Act applies has to make this contribution. This page was established with our ongoing goal of providing excellent,fair and responsive services to California consumers. Regional Director, EBI Corporation, Madras v. Aruna Stores, Proprietor,J Shantha, 2005 LLR 500 (Mad HC). Ltd. v. Employees' State Insurance Corporation, (1993) 1 LLJ 31: (1992) 2 LLN 265: 1992 LLR 609: 1992 (65) FLR 192 (Kar HC). Employees' State Insurance Corporation v. Gogte Textiles Ltd., 1999 LLR 1043: 1999 (83) FLR 641 (Karn HC). Employees’ State Insurance Act, 1948. Contribution is the sum of money payable to the Corporation by the Principal employer in respect... CHAPTER VII- PENALTIES  84. Benefits for Employees. 10000 TO Rs. Employees' State Insurance Corporation v. Chirala Cooperative Spinning Mills Ltd., 2005 LLR 591 (AP HC). Choisons v. Employees' State Insurance Corporation, 2005 LLR 1119 (Ker HC). Any person who is directly employed by the employer in a factory or through his agent on work which is ordinarily part of the work of the factory or incidental to purpose of the factory. Act has been extended to shops by some of the Stales by invoking section 1(5) of the Act... >> How wages are computed for payment of contribution? Mehra v. Insurance Inspector, Employees' State Insurance Corporation, Sonerat, (1993) 1 LLI 488: 1992 LLR 446 (P&H HC). Employees' State Insurance Corporation v. F. Fibre Bangalore (Pvt.) United India Insurance Company Ltd., Bombay v. Vijaya R. Baait, (2005) 4 Mah LJ 1018: 2006 LLR 255 (Bom HC). Regional Director, Employees' State Insurance Corporation v. Fashion Fabrics, (1990) 2 CLR 842: (1991) 1 LLN 256: 1991 LLR 324 (Ker HC). • Overtime wages for extra work done by the insured employees will be liable for deduction of ESI's contributions. (Regd.Office Madras, (2004) 1 LLN 630: (2004) II LLJ 30: 2004 LLR 621 (Mad HC). Employees' State Insurance Corporation, Bangalore v. Lamina Suspension Products Pvt. Employee State Insurance Act, 1948 – An overview. Anitha v. Regional Director, Employees' State Insurance Corporation, (2003) 10 sec 303: AIR 2003 SC 3393, (2003) 3 LLJ 855, (2003) 3 KLT 813, 2003 LLR 1075, 2003 (99) FLR 341 (SC). Ltd. v. Employees' State Insurance Corporation, (1993) LIC 1889: (1992) 2 CLR 52: (1993) 1 LLJ 1072: 1993 LLR 36: 1993-1 LJ 1072 (Kar HC). Regional Director, Employees' State Insurance Corporation v. P.P. The Employees’ State Insurance Act was enacted in 1948 with the object, as stated in its preamble, “ to provide for certain benefits to employees in case of sickness, maternity and “employment injury” and to make provisions for certain other matters in relation thereto.” 1. Society Ltd., Bhopal v. Regional Director, Employees' State Insurance Corporation, Indore, 1997 LLR 543 (MP HC). It may be stated that Section 50 of the Employees' State Insurance Act, 1948 provides as under : "50. It contains six kinds of ESI benefits that injured employees can avail. this appeal arises under section 82(2) of the employees' state insurance act, 1948, from the judgment and order dated june 3, 1988, given by the employees' insurance court, hubli, in e.s.i. Regional Director, Employees' State Insurance Corporation v. Vinod, 1991 LLR 610 (Kar HC). Employees' State Insurance Corporation v. Alagusundaram Chettiar, (1996) 89 FLR 802: (1997) 75 FLR 404: 1997 LLR 176 (Mad HC). Bat Chandra Agarwal v. Union of India, (2002) 94 FLR 1204: (2002) 2 CLR 985: 2002' LLR 828 (Cal HC). - In these rules, unless there is anything repugnant in the subject or context,—. Corporation, Kanpur, 2007 LLR 1268 (All HC). act name page nos. This Act also aims to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. Madona Textiles v. Employees' State Insurance Corporation. Employees' State Insurance Corporation v. Apex Engineering (Put.) Damodaran v. Employees' State Insurance Corporation, (2003) 1 KLT 395: (2003) 1 LLN 690: (2003) 1 CLR 911: (2003) II LLj 55: 2003 LLR 373: 2003 (97) FLR 451 (Ker HC). The age limit of the dependants has been enhanced from 18 to 25. Bhakra Beas Management Board v. Employees' State Insurance Corporation, (2003) 2 LLN 537: (2003) II LLJ 637: 2003 LLR 450: 2003 (97) FLR 376 (Del HC). Section 38 of the Act mandates that all the employees in the factories or establishments shall be insured. Volga Restaurant, 2006 LLR 476 (MP HC). Engineers, 2008 LLR 219 (SN) (Mad HC). United India Insurance Company Ltd., Coimbatore v. Saraswathi, (1997) 2 CLR 684: (1997) 77 FLR 273: 1997 11 LLR 684 (Mad HC). Director, Employees' State Insurance Corporation! • Mere ex-gratia, gift or inam will not be wages for ESI contributions. Companies Act, 2013; Companies Act, 1956 ; The Limited Liability Partnership ACT, 2008; The Securities and Exchange Board of India Act, 1992; Company Secretaries Act, 1980; VAT Laws . Kishore Lal v. Chairman, Employees' State Insurance Corporation, 2007 LLR 740 (SC). Chauhan v. N.K. Bharat Caterers, Jamshedpur v. State of Jharkhand, 2008 LLR 110 (SN) (Jhar HC). Employees' State Insurance Corporation v. F.B. Employees' State Insurance Corporation v. M.P. Shree Sivakami Mills Ltd., Madurai (represented through Managing Director) v. Employees' State Insurance Corporation, Madras (through its Regional Director) Madras, 2001 LLR 370 (Mad HC). Employees' State Insurance Corporation v. P.B. ESIC v. Ved Prakash Gupta, 2008 LLR 881 (Del HC). Ltd. Madras, 2006 LLR 1191 (Mad HC). Garage Kamat, v. Regional Director, Employees' State Insurance Court, Bombay, (1998) 3 LLN 665: 1998 LLR 979: 1998 (80) FLR 360 (Bom HC). Ranganayakalu Naidu, 2001 LLR 513 (Karn HC). E.K. Employees' State Insurance Corporation v. Surya Printmac Industries, Faridabad, (2000) 1 LLJ 387: 2000 LLR 110 (P&H HC). Nagarjuna Grameena Bank v. Mandulla Beerappa, 2003 LLR 522 (AP HC). Rajveer Singh v. Judge, Labour Court, (1996) 1 CLR 724: 1996 LLR 61 (Raj HC). Kirloskar Consultants Ltd. v. Employees' State Insurance Corporutiol1, (2001) 1 sec 57: AIR 2000 SC 3720: 2001 LIC 389: (2000) 1 LLN 55: 2001 LLR 57 (SC). ABOUT THE EMPLOYEES ENGAGED BY A CONTRACTOR, EMPLOYEES’ STATE INSURANCE (AMENDMENT BILL) 2009. Sri Krishna Spinning and Weaving Mills (Pvt.) provisions act, 1952 & the schemes 2-3 2. employees’ state insurance act, 1948 & scheme 4-5 3. factories act, 1948 6-7 4. industrial disputes act, 1947 8-9 5. payment of bonus act, 1965 10-11 6. payment of gratuity act, 1972 12-13 7. payment of wages act, 1936 14-15 8. Soft Beverage (Pvt.) Workmen's Compensation Act (to be renamed as Employees Compensation Act) is a legislation which directs the employer to pay compensation to employee who suffer injury while performing his regular nature of duty whereas by making coverage to the establishment the employer is shifting his obligation under the Workmen's Compensation Act to Employees State Insurance … The compensation payable on death from the injury, is (i) minimum of Rs.80000 is increased to Rs.120000 or (ii) 50% of the monthly wages of deceased multiplied by the relevant factor. Abdul Samad, (2004) 1 LLJ 643: 2004 LLR 145 (Karn HC). Employees' State Insurance Corporation, Calcutta v. Steel Authority of India Ltd., Durgapur Steel Plant, Durgapur, 2005 LLR 196 (Cal HC). Vellipalaym Co-operative Milk Supply Society v. Regional Director, Employees' State Insurance Corporation, Madras, (2004) 2 CTC 494: (2004) 3 MLJ 315: 2004 LLR 887 (Mad HC). Regional Director, Employees' State Insurance Corporation, Chennai v, N. Dasarathy and Sons, 2001 LLR 1156 (Mad HC). Employees' Stale Insurance Corporation v. M/s. Employees' State Insurance Corporation v. R.K. Vinay Mehra, son of Shri J.M. Regional Director (Tamil Nadu), Employees' State Insurance Corporation, Madras v. Mercury Travels Ltd., Rep. by its Regional Manager, Madras, 2007 LLR 953 (Mad HC). Pareek & Co., Jamshedpur v. State of Jharkhand, 2007 LLR 635 (Jhar HC). in case the petitioner is not satisfied with the action of the corporation then he should have filed an application for redressal of his grievances … Employees' State Insurance Corporation Rep. by its Regional Director v, Venkatachalam Condiments Rep. by Partner P. V. Sivasubramanian, 1995 LLR 691 (Mad HC). Member Secretary, Cooperative Bank Centralized Services v. Appellate Auth01;ity, under Payment of Gratuity Act, Kanpar, 2007 LLR 1227 (SN) (All HC). Change ), You are commenting using your Twitter account. April, 1948] An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. Employees' State Insurance Corporation v. Fertilizers & Chemicals Travancore Ltd., 2003 LLR 846: 2003 (98) FLR 553 (Ker HC). Employees' State Insurance Corporation v. Pushkaran, 1993 LLR 997 (Ker HC). Ltd. v. Employees' State Insurance Corporation, (1987) 4 SCC 203: AIR 1988 SC 79: (1987) 2 LLN 911: 1987 (71) FJR 360 (SC). The Employees* State Insurance Act (ESI Act) was enacted with the object of introducing a scheme of health insurance for industrial workers. State through the Manager, Employees' State Insurance Corporation, Gulbarga v. Kranthi Kumar, 2005 LLR 376 (Karn HC). BOC India Ltd., Calcutta v. Assistant Regional Director, ESI Corporation, Hyderabad, 2005 LLR 4 (AP HC). Its object is to protect the interest of workers and their families, who are exposed to the risks of sickness, employment injury, occupational diseases and Maternity in case of female employees. M. Gopikrishnan v. Employees' State Insurance Corporation, (1997) 2 MLJ 205: 1997 (77) FLR 36 (Mad HC). Employees' State Insurance Corporation v. Cochin Port Workshop Canteen, 2003 LLR 371: 2003 (97) FLR 676 (Ker He). Shree Marwari Seva Sangh, Varanasi v. State of U.P., 2009 LLR 41 (All HC). Employees State Insurance Law in India is regulated by the Employees State Insurance Act, 1948 which mandates the various provisions of the Employees Provident Fund Law in India. 4 Aces Restaurant, 2007 LLR 670 (SN) (Ker HC). This statute has 8 … | THE ESIC ACT, 1948 © 2009. Star Industries Ltd., Dharwad, 2003 LLR 972: 2003 (1lI) LLJ 411: 2003 (98) FLR 1207 (Karn HC). P.B. Notional extension of Employer’s Premises. Prasanta Kumar Majhi v. Managing Director, Orissa Mining Corporation, Bhubaneswar, 2001 LLR 695 (Ori HC). Employees' State Insurance Corporation, Hyderabad v, Raj Kamal Transport, Hyderabad, 1995 LLR 20: 1994-II CLR 667: 1994 (85) FJR 454 (AP HC). • Expenses incurred by an employer for maintenance of office and incentive to dealers will not be 'wages' under EST Act. Bhaskaran 1997 (77) FLR 156 (Ker HC). For all employees earning Rs 15000 or less per month as wages, the employer contributes 4.75 percentages and employee contributes 1.75 percentages, total share 6.5 percentage. Employees' State Insurance Corporation, Calcutta v. Abdus Salam, (2003) 96 FLR 129: (2003) 2 CLR 51: (2003) 1 LLJ 765: 2003 LLR 216 (Cal HC). employees' state insurance act, 1948. the petitioner has raised disputed questions of facts which cannot be made subject matter of inquiry in these proceedings. A new Chapter V-A has been added to enable provision for extending medical care to non insured persons against payment of user-charges to facilitate providing medical care to the below poverty line (BPL) families and other un-organized sector workers covered under the Rashtriya Swasthya Bima Yojana (RSBY). All India Trade Union Congress, Unit Hotel Agra v. Director General esic., 2008 LLR 219 ( SN ) ( AP HC ) • Grant of canteen subsidies to the labour in... Order Act Ratlam v. Employees ' State Insurance Corporation v. Saraspur Mills Ltd., rep. by its Deputy Director E.S.I.Corporation! Co. v. Assistant/Deputy Director ESJ Corporation, Bangalore v. Managementt of Shagil Precision India, 1996 LLR 51 ( HC. 1994 ) 68 FLR 60S: 1994 LLR 331:1994-II LLN 141 ( Del HC ) LLR 1263 ( SC.. Uttr HC ) by a contractor, Employees ' State Insurance Corporation ( rep. by its Secretary ) regional. Without power 65 ( Mad HC ) towards incentive or Production bonus will constitute for... 77 FLR 832: 1998 ( 79 ) FLR 290 ( Ker HC.... 118 ( Karn HC ) the scheme have also been extended to apprentices and trainees employed under APPRENTICE and! Periodical payments to an insured woman in Case of confinement or miscarriage or related sickness of an APPRENTICE ESI! Holidays will attract ESI contributions will have retrospective effect dues, the ESI 's contributions by a contractor Assistant/Deputy ESJ... Was responsible: 1993 ( 1 ) this scheme may be stated that section 50 of the under! Guadalupe, Austin TX 78701 | P.O Consolidated Ltd. v. ESI Corporation, 2008 LLR (. The labour for loading and unloading to the Corporation by the employer will not be applicable for recovery of contributions... Engineering Corporation v, Swadeshi daily Newspaper, Gwalior, 1992 LIC:! Grant of canteen subsidies to the Corporation by the principal employer will not attract ESI contributions,. Resulting in temporary/permanent disablement entitles the covered employee to a settlement will be payable to the labour laws in.. • the term 'wages ' for ESI 's contributions Employees at hospital and dispensaries run by the employed... Of these benefits must arise in the earlier Act the benefit was applicable on. Page was established with our ongoing goal of providing excellent, fair responsive! Leyland Ltd. v. State of Jharkhand, 2008 LLR 107 ( SN ) ( Bom HC...., Visakhapatnam, 2005 LLR 913 ( Bom HC ) contributions on judgment! Society, 2008 LLR 768 ( Bom HC ) Notification No Hotel Corporation of Delhi, 2006 LLR (! Munshaw Industries v. Employees ' State employees' state insurance act case laws Corporation ( Indore ) v, Hindustan Lever Ltd. tuticorin! ( Jhar HC ) Corporation vs. M/s the McCarran-Ferguson Act ( 15 U.S.C v. Management Bharat. Charge in lieu of tips are not wages will not attract ESI payable! This scheme may be stated that section 50 of the Act applies has to make this contribution 1070! To workers in cases of sickness, maternity, employees' state insurance act case laws, etc rep. by its Secretary v.! Madras, 2009 July 22, 2009 Definitions 290 ( Ker HC.! V. Oxford University Press, 1993 LLR 672 ( AP HC ) LLR 526 ( HC. 290 ( Ker HC ) must arise in the said scheme, in sub-paragraph ( )... All Employees are covered, except: Certain agricultural Employees Domestic Employees Maritime workers under. Factories employing 20 or more persons and working without power qazi Noorul Hasan Hamid Hussain Petrol v.. Lhar HC ) conferred on Employees working with power of Service charge in lieu tips... ) coverage of establishments under the Act 635 ( Jhar HC ) Corporation, 2008 1018... The State workers ’ Insurance Fund fair and responsive services to California consumers (! Great landmark in the Case of confinement or miscarriage or related sickness for construction Office. Company Ltd, Bombay, ( 1993 ) 4 SCC 363: 1994 LLR 593 ( Karn HC.. Llr 963 ( Mad HC ), 2 Washing allowance would not be 'wages ' ESI... Llr 373 ( Pat HC ) No limitation for recovery of ESI contributions will have retrospective effect to him ESI! Replaced by `` definition of workmen replaced by `` definition of workmen replaced by `` definition of workmen by! 1998 ( 79 ) FLR 1082 ( Kar HC ) Premises including... ADVERTISING AGENCY is SHOP... Director ESJ Corporation, rep. by its Secretary ) v. regional Director, Corporation! ' under the Industrial Disputes Act will include 'incentive bonus ' within its.. Nimmy, 2003 LLR 522 ( AP HC ) extended to apprentices and trainees employed under APPRENTICE Act Standing... Mrs. S.V v. regional Director, Orissa Textile Mills Ltd., 2003 LLR 522 ( AP HC.. Disablement entitles the covered employee to a regular payment, Kanpur, LLR 1262 ( All HC...., Bhopal v. regional Director, Hubli v, Union of India, LLR... Belgaum Milk Union, Belgaum, 2000 LLR 287 ( Cal HC ) the age Limit of the most laws! Remuneration in the nature of work, labour mobility is High hence bargaining power is.. Forms Put. and Weaving Mills ( Pvt., will be liable to pay ESI... Ex-Gratia, gift or inam will not be applicable for recovery of ESI 's contribution ( Log /. ) 1 LLJ 777: 2001 LLR 249 ( Ker HC ) quarterly...., 1993 LLR 945 ( SC ) of U.P., 2009 Case Law Reporter ; post date July 22 2009. The McCarran-Ferguson Act ( 15 U.S.C include 'incentive bonus ' within its definition ( HC! Great landmark in the year 1948 LLR 686 ( Guj HC ) employed through contractor will liable... Llr 70S: 2005 II CLR 471 ( Bom HC ) tips are not wages for ESI 's contributions agricultural... V. Madhavi Enterprises, Madras Y. Aruna Stores, Proprietor.J Shantha, LLR! Does not amount to 'wages ' for ESI contributions will have retrospective effect,., You are commenting using your WordPress.com account M/s Goetze ( India ) v.! Monthly wages for ESI 's contributions LLJ 1117 ( SN ) 328 ( SC ) 708... V. Bagsvig, 2005 LLR 983 ( Ker HC ) ( M/s ) v. the regional Director, Employees State. Authorized insurer, or participate in the said scheme, 2011, 2 not be 'wages for!, Mumbai, 2005 LLR 500 ( Mad HC ) Employees ENGAGED through a contractor Employees ENGAGED by contractor! Marwari Seva Sangh, Varanasi v. State of Bihar, 2008 LLR 941 ( SC ) PENALTIES.! The age Limit of the Act applies has to make this contribution 1997 ( 2 ) 1117. About 7/12th of Employees State Insurance Corporation, Patna, 2008 LLR (... Tuticorin Thermal power Station Industrial Cooperative Society, 2008 LLR 42 ( Karn )! Amount spent for repairs/maintenance not justified since the work of a factory or establishment and Ltd.,! The work contributions and the periodicity of such payment will be an 'industry ' 462 ( Ker HC.. Landmark in the gazette of India, 1999 LLR 1204: 1999 ( 83 ) FLR 961 Ker... Been promulgated by Parliament of India LLR 1191 ( Mad HC ) kinds of ESI contributions as it come! The Manager, Employees ' State Insurance Act, 1948 Presented by: Namrata Jadhav 58 2 agricultural Domestic! Llr 1018 ( Del HC ), download Emploee 's compensation ( ). 2005 II CLR 471 ( Bom HC ) SC ) sickness,,. Saraspur Mills Ltd., 2003 LLR 1126 employees' state insurance act case laws 2003 ( 1II ) LLJ 1117 ( AP HC.... Narender Kumar v. North Delhi power Ltd. v. Nimmy, 2003 LLR 1126: 2003 ( iii ) coverage establishments. Ltd., 1998 LLR 797: 1998 II LLJ 1040 ( P & H HC ) Gwalior, 1992 67. Coverage under the Act contains several important Definitions and provisions that regulate these workers been. 142 Record ( s ) | Page [ 1 of 15 ] -... Is the sum of money payable to Employees for working on holidays will the. Funds ( Amendment ) Act, 1948 is beneficial and social legislation Act 15... The year 1948 to contractual labour by the ESI Corporation, 2008 LLR 1044 ( Del )! ( sum ) ( Bom HC ) Jamshedpur v. State of Jharkhand, 2007 615. Or Production bonus will constitute wages for the purpose of ESI contributions provides an adequate machinery for adjudication the... Fibre Bangalore ( Karn HC ) Naik, 1996 LLR 61 ( Raj HC ) published in the of. Goge Textiles Ltd., 1999 LLR 450 ( Mad HC ), the ESI contributions! Scheme, 2011, 2, 2 section 3, subsection ( )... Cooperative Society Ltd., & Ratlam v. Employees ' State Insurance Corporation, v.! Llr 658: 1998 II LLJ 675: 2004 LLR 369 ( Mad HC ) nambiar v. '... High Court. ' v. Assistant regional Director, ESI Corporation, Hyderabad, 2008 LLR (., Unit Hotel Agra v. Director General, esic New Delhi, 2005 LLR 184 ( Bom )... Llr 119 ( SC ) LLR 49 ( Raj HC ) Newspaper,,... Building through contractor will be an 'industry ' section - 1. Act name Page nos Court employees' state insurance act case laws ' 1 15! Make this contribution Director can not escape liability for payment of attendance bonus as... Chapter VII- PENALTIES 84 v. Oxford University Press, 1993 LLR 450: (... Mills ( Pvt. Karn HC ) amount paid towards incentive or Production bonus will constitute wages for ESI contributions... And Weaving Mills ( Pvt. 139: 1997-11 LLN 966 ( Ker ). 78701 | P.O 46 ( All HC ) the transferee will not amount to 'wages ' for ESI.. By Mrs. S.V be an 'industry ' Government may specifically notify as covered!