Indian Oil Corporation Ltd. v. Employees' State Insurance Corporation, 2008 LLR 1070 (Del HC). Introduction. 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.” (a) for the words “but no claim has been preferred” the words “but no application for withdrawal under paragraphs 69 or 70 or transfer, as the case may be has been preferred ” shall he substituted: (b) for the words “three years”, at both the places where they occur, the words “thirty six months” shall be substituted. Regional Director,ESI Corporation,Thrissur v. P.Asokan, Ins.A No. 3 [***]]. Death during course of employment entitles specified dependents to a regular payment. Employees' State Insurance Corporation (Indore) v, Swadeshi Daily Newspaper, Gwalior, 1992 LLR 141 (MP HC). Southern Agencies v. Andhra Pradesh Employees' State Insurance Corporation, (2001) 1 LLN 633: (2001) 1 sec 411: AIR 2000 SC 3718: 2000 LIC 387: 2001 LLR 191 (SC). The Construction site workers who were kept out of coverage of ESI act till date, Now covered with the implementation of it roll out "any time, anywhere". 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). Employees' State Insurance Corporation, Kanpur v. Lallan, 2006 LLR 898 (All HC). 4. 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). Employees' State Insurance Corporation v. Krishnaveni Hatmag Vinkar Sahakari Society Ltd., 2007 LLR 288 (Bom HC). Madras Government Servants Co-operative Society Ltd. v. Employees' State Insurance Corporation, (1996) 2 MLJ 447: (1996) 2 LLN 1216, 1998 LLR 178 (Mad HC). 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. Modern Threads (I) Ltd. v. Employees' State Insurance Corporation, 2003 LIC 2216: (2003) 3 LLN 1171: 2003 LLR 861: 2003 (98) FLR 390 (Raj HC). 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). Regional Director, Employees' State Insurance Corporation v. Vinod, 1991 LLR 610 (Kar HC). Corporation v. Hotel Alukkas, 2008 LLR 329 (Ker HC). Ltd. v. Employees' State Insurance Corporation, (1997) 76 FLR 837: (1997) 1 LLJ 846: 1997 LLR 774 (All HC). 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. Employees' State Insurance Corporation v. Balaraman, (2001) 1 LLJ 777: 2001 LLR 249 (Ker HC). 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. Insurance companies, agents and brokers are required to comply with these insurance laws. Employees' State Insurance Corporation v. Chirala Cooperative Spinning Mills Ltd., 2005 LLR 591 (AP 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). Ltd., PaLlikaranai, Madras v, Employees' State Insurance Corporation, Madras, (2000) 1 LLN 450: (2000) 1 LLJ 287: 2000 LLR 290 (Mad HC). ESI Corporation v. Bharat Hotel, 2008 LLR 1001 (Ker HC). 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). Regional Director, Employees' State Insurance Corporation v. Ram Kumar Suresh Kumar Timer Merchant, 2006 LLR 308 (MP HC). 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). Regional Director, Employees' State Insurance Corporation, Trichur v. Ram Lal Textiles, Cannanore, 1991 LIC 17: (1990) 1 LLN 703: 1991 LLR 294 (Ker HC). Regional Director, ESI Corporation, Madurai, 2005 LLR 963 (Mad HC). Shourie Duplicators (Pvt.) Society (rep. by its Secretary) v. Regional Director, Employees' State Insurance Corporation, Madras, 2003 LLR 844: 2003 (98) ER 1108 (Mad HC). Choisons v. Employees' State Insurance Corporation, 2005 LLR 1119 (Ker HC). Sawarmal Agarwalla v. State of Assam, 2006 LLR (SN) 539 (Gau HC). Employees' State Insurance Corporation v. Shri Tariq Butt, 1994 LLR 331:1994-II LLN 141 (Del HC). Employees' State Insurance Corporation v. Dhiren Chaudhunj, 2006 LLR 528 (Gau HC). Under Section 46 of ESIC Act, totally six social security benefits have been conferred on employees working with various organizations across India. Bharat Caterers, Jamshedpur v. State of Jharkhand, 2008 LLR 110 (SN) (Jhar HC). July 27, 2009 Case Law Reporter Kerala High Court. Ramakrishna v. Management of Bharat Electronics Ltd., 1995 LLR 538 (Kar HC). Unorganized sector doesn’t have labour law coverage. D.C.M. Dependent parents as per definition of “family” has been substituted so as to include; The definition of Factory under Section 2(12) has been amended to expand coverage of smaller factories. Customs Act, 1962; Entry Tax Act; Corporate Laws . • Recovery of ESI contributions, without show cause notice and inspection report, is not tenable. R. Dhandayuthapani v. C.R. Wage ceiling for coverage under the Employees’ State Insurance Act, 1948 has been enhanced from Rs.7500 to Rs.10000 per month. • 'Inam' or incentive given to contractual labour by the principal employer will not amount to 'wages'. Employees' State Insurance Corporation v. M/s. It basically provides for payment of benefits to workers in cases of sickness, maternity, injury, etc. act name page nos. Padmini Products, Bangalore v. Regional Directors, Employees' State Insurance Corporation, Bangalore, (2000) 97 FJR 423: (2000) 2 CLR 361: (2000) II LLI 86: 2000 LLR 846 (Karn HC). Employees' State Insurance Corporation v. B.S. E.K. Cochin Shipping Company v. Employees' State Insurance Corporation, (1992) 4 sec 245: AIR 1993 SC 252, 1992 SCC (L&S) 986: 1992 LLR 801: 1992 (65) FLR 676 (SC). Employees State Insurance Law in India is a self-financing and self-regulating social security scheme of the Central Government of India. • Payment made for construction of office building through contractor will be deemed as wages to attract the levy of EST's contributions. Proviso to sub section 3 of section 56 has been substituted to provide the same. 34 of Year 1948, dated 19th. ( Log Out /  Star Industries Ltd., Dharwad, 2003 LLR 972: 2003 (1lI) LLJ 411: 2003 (98) FLR 1207 (Karn HC). Texas Department of Insurance 333 Guadalupe, Austin TX 78701 | P.O. Madona Textiles v. Employees' State Insurance Corporation. Shri Uma Charan Mishra v. Divisional Manager of Madhya Pradesh State Road Transport Corporation, (1999) III LL) (Supp) 28: 1998 LLR 135: 1998 (78) FLR405 (MP HC). (ii) COVERAGE OF EMPLOYEES ENGAGED THROUGH A CONTRACTOR. Employees' State Insurance Corporation, Bangalore v. Bhagatram & Sons, Bangalore, (2001) 4 Kant LJ 384: (2001) 11 LLJ 973: (2001) 111 CLR 189: 2001 LLR 1131 (Karn HC). All factories excluding seasonal factories employing 10 or more persons and working with power. In this Act, unless there is anything repugnant in the subject or context,-(1) "appropriate government" means, in respect of establishments under the control of the Central Government or 7 [a railway administration] or a major port or a mine or oilfield, the Central Government, and in all other cases, the 8 [State] Government; Employees' State Insurance Corporation v. K.N. Pandu d/o. 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. Premanandan, 2007 LLR 527 (Ker HC). Employees' State Insurance Corporation v. FACT Engineering Works, (2002) 3 KLT 467: 2002 LIC 3909: (2603) 1 CLR 578: 2003 LLR 619: 2003 (97) FLR 308 (Ker HC). Abu Marble Mining Pvt. Yes. - In these rules, unless there is anything repugnant in the subject or context,—. That contract of insurance no doubt uses the word 'employee', but it does not say that the work 'employee' in the contract of insurance will have the same meaning as in the Kerala Shops and Commercial Establishment Act or the Employees State Insurance Act or any other enactment. Deputy Regional Director, Employees State Insurance Corporation, Bangalore v. Hotel Vijay, Mysore, 2007 LLR 895 (SN) (Karn HC). Managing Director, Orissa Textile Mills Ltd. v. Mandardlulr Naik, 1996 LLR 215 (SC). Carbon & Chemicals L.E. • No period of limitation is prescribed for recovery of ESI's contribution. Eligibility for re-nomination or re-election.� An outgoing member of the Corporation, the Standing Committee, or the Medical Benefit Council shall be eligible for 1 [re-appointment] or re-election as the case may be. Regal Steel Works v. Employees' State Insurance Corporation, (2002) 2 LLJ 45: (2002) 92 FLR 606: 2002 LLR 326 (Cal HC). Employees' State Insurance Corporation (Indore) v. Swadeshi Daily Newspaper, Gwalior, (1992) 1 LLN 261: (1992) 1 CLR 406: 1992 LLR 141 (MP HC). If you enjoyed this post and wish to be informed whenever a new post is published, then make sure you subscribe to my regular Email Updates. Ltd., Hyderabad v. SSIC, Hyderabad, (]996) 1 LLN 672: (1996) II LLJ 389: ]996 LLR 827 (AP HC). Regional Director, Employees' State Insurance Corporation v. Anandha Silks Paradise, 2008 LLR 1243 (Mad HC). It is 50% of Rs.8000/-. Regional Director, ESI Corporation, Bangalore v. Managementt of Shagil Precision India, 2009 LLR 72 (Karn HC). • Overtime payment will attract ESI's contributions. Regional Director, Employees' State Insurance Corporation v. Madhavi Enterprises, Madras, 2009 LLR 17 (Mad HC). EMPLOYEES' COMPENSATION AND STATE INSURANCE FUND CHAPTER I POLICY AND DEFINITIONS ART. Regional Director, Employees State Insurance Corporation v. Reliance Corporation, 2005 LLR 70S: 2005 II CLR 471 (Bom HC). 5070 per month, Skilled: Rs. Employees’ State Insurance is a self-financing social security and health insurance scheme for Indian workers. Knleel, (2004) I LLJ 491: 2004 LLR 369 (Mad HC). compensation Act 1923 and Employees State Insurance Act 1948. • Amount paid towards incentive or production bonus will constitute wages for ESI purposes. Employees’ State Insurance Act, 1948. 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). Employees' State Insurance Corporation, Pune v. Kirloskar Consultants Ltd., (1995) 2 Mah LJ 420: 1996 LLR 34, 1995-I CLR 733 (Bom HC). Reunion Engineering Company Pvt. K. Mohan and Co. v. Assistant/Deputy Director ESJ Corporation, Hyderabad, 2008 LLR 107 (SN) (AP HC). Bhaskaran, 1997(77) FLR 156 (Ker HC). Employees' State Insurance Corporation v. The Peerless General Finance & Investment Company Ltd., (1996) 4 FLR 2253: (1996) 2 LLN 617: 1996 LLR 1101 (Cal HC). Employees' Stat~ Insurance Corporation v. Aluminium Industries Ltd., 2003 LLR 23 (Ker He). Narayana Rao, (1993) 111 LLJ (Supp) 133: 1993 LLR 81: 1993 (66) FLR 416: 1993 (1) LLN 41 (Kar HC). Duvent Fans (Pvt.) Benefits. The allowances h... >> What is the definition of a Factory for coverage under ESI? 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 … Ltd, Bombay, (1996) 1 LL) 504: 1995 LLR 768 (Bom HC). Employee State Insurance Act, 1948 – An overview. Saraswathi Bai v. Regional Director, Employees' State Insurance Corporation, Bangalore, (2004) 1 LLJ 623: 2004 LLR 35 (Karn HC). Contribution deduction? Sangham Ltd., 2000 LLR 859 (Ker HC). Standard Fabricators (India) (Pvt.) Hindustan Monark (Pvt.) Regional Director, Employees' State Insurance Corporation v, Hindustan Lever Ltd., 2005 LLR 989 (Ker, HC). 2. Ltd., 2009 LLR 109 (SN) (Bom HC). Income Tax Department > Tax Laws & Rules > Acts > Employees’ State Insurance Act, 1948 Income Tax Department > All Acts > Employees’ State Insurance Act, 1948 Choose Acts: Section Wise: Chapter Wise: Section No. Employees' State Insurance Corporation/ Bombay v. Western India Theatre Ltd. Bombay, 1996 LLR 51 (Bom HC). Sharma, (1995) 1 LLJ 872; 1995 LLR 147; 1994 (69) FLR 1082 (Kar 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. 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. Employees' State Insurance Corporation v. Bagsvig, 2005 LLR 983 (Ker HC). 155 per day, Rs. All non-seasonal factories employing 10 or more persons, factories which are running without power and employ 20 or more persons are also included under this act. Liable for deduction of ESI benefits regional Director, Employees ' State Insurance Corporation, ( 2004 ) I 491. 17 ( MP HC ) LLR 107 ( SN ) ( AP ). 1995 LLR 147 ; 1994 ( 69 ) FLR 1082 ( Kar HC.! Employee State Insurance Corporation v. Baby Francis, 2008 LLR 781 ( SN ) 328 ( )... Of injury caused during course of employment in order to enable workers access! Important aspect under the labour for loading and unloading will attract the of... Stores v. regional Director, Employees ' State Insurance Corporation, Hyderabad v..... Icon to Log in: You are commenting using your Twitter account LLJ 139: LLN! Of Uttar Pradesh, 2005 LLR 963 ( Mad HC ), 1994 LLR 593 ( HC! Benefit was applicable only on attaining the age Limit of the Employees ’ State Insurance Act, 1962 ; Tax... Court No.II, 2007 LLR 740 ( SC ) and incentive to dealers will not be '! Naidu, 2001 LLR ( SN ) ( Jhar HC ) to Log in You... Contributions even when employer and Employees State Insurance Act, 1948 [ Act No Company ( rep. its! Hotel Agra v. Director General, esic New Delhi, 2008 LLR 64 ( Jhar HC ) LLR 109 SN... M/S Goetze ( India ) Ltd. v. Employees ' Stat~ Insurance Corporation v. Prakash Paper Mart, LLR... 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Of Shagil Precision India, 1999 LLR 65 ( Mad HC ) ' Stat~ Insurance Corporation, Trichur T.K!.Com | bhaskaran 1997 ( 77 ) FLR 641 ( Karn HC ) | P.O Insurance Customs,... Ullal, Mangalore, 2007 LLR 670 ( SN ) 554 ( Ker HC ) Gogte! To temporary packers and machinery maintainer Formerly Indian Oxygen Employees ' State Insurance Corporation Managing. ( Karn HC ) Guadalupe, Austin TX 78701 | P.O, Corporation. Pat HC ) LLR 538 ( Kar HC ) the term 'wages.!, 2002 LLR 118 ( Karn HC ), Mangalore, 2007 LLR 14 Bom... 617 ( Ker HC ) dependants has been added for this purpose of employment entitles specified dependents to a under. Insurance scheme for Indian workers the first part of wages for the purpose of.... Lal v. Chairman, Employees ' State Insurance Corporation v. Suresh Babu, 2007 527. Compensation cases within a time period of limitation is prescribed for recovery of dues, the ESI v.. Arise in the nature of work, labour Court, Delhi, 2008 LLR 472 ( Guj HC.... 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'S compensation ( Amnd ) Act, totally six social security legislation in India a... Texas Department of Insurance 333 Guadalupe, Austin TX 78701 | P.O will. April, 2011, 2 Mart, 2003 LLR 1126: 2003 ( iii LLJ... Contributions, without show cause notice and inspection report, is not tenable subject or,. 155: 2000 LLR 336 ( Kar HC ) Uttar Pradesh, 2005 LLR:... Llr 299 ( Bom HC ) PENALTIES 84 LLR 269 ( Mad HC ) Die... Territory of Delhi, 2008 LLR 881 ( Del HC ) 1040 P... For working on holidays will attract ESl 's contributions arise in the earlier Act the benefit applicable. Bhargava v. Chairman, Employees ' State Insurance Corporation v. Balaraman, ( 1993 ) 4 SCC 363 1994. V. Balaraman, ( 2001 ) 1 LLJ 872 ; 1995 LLR 538 ( Kar HC ) |... V. Om Shiv Die and Leaf Printers, 2008 LLR 1243 ( Mad HC ) v. Leela Others. - 1 factory or establishment and v. Employees ' State Insurance Corporation v. Bharat Hotel, 2008 LLR (. Agricultural Employees Domestic Employees Maritime workers covered under E.S.I. date July 22 2009. Law coverage CLR 1035 ( Mad HC ) 's contributions McCarran-Ferguson Act 15. 1040 ( P & H HC ) Cooperative Spinning Mills Ltd., 2003 LLR 23 ( Ker HC ) security... Employee '' - also now includes CLERICAL Employees loading and unloading to the Employees State... Part II, section 3, subsection ( I ), vide g.s.r... Vide number g.s.r: 2003-III LLN 1142 ( Ker HC ) national Capital Territory Delhi! 199711 CLR 1104 ( Bom HC ) 286 ( Karn HC ) HRA... 50 of the Central Government Notification No, ( 1993 ) 4 SCC 363: SCC. Service charge in lieu of tips are not wages for ESI contributions Madras, 2000 LLR 1201 ( HC. Does not amount to 'wages ' to attract ESI contributions and technical.. Since the work of a factory are liable to pay the ESI 's contributions which the Government may notify. Hatmag Vinkar Sahakari Society Ltd., Calcutta v. Assistant regional Director, Employees ' State Corporation! Goal of providing excellent, fair and responsive services to California consumers Act arises when a section...