Regional Director, Employees' State Insurance Corporation v. Ram Kumar Suresh Kumar Timer Merchant, 2006 LLR 308 (MP HC). • Enhancing wage ceiling upto Rs. Under this Act, the contribution is made not only by the employee but also by the employer. Employees' State Insurance Corporation v. FACT Engineering Works, (2002) 3 KLT 467: 2002 LIC 3909: (2003) 1 CLR 578: 2003 LLR 619: 2003 (97) FLR 308 (Ker HC). Employees' State Insurance Corporation v. Balaraman, (2001) 1 LLJ 777: 2001 LLR 249 (Ker HC). Sec. • The principal employer will be liable to pay the ESI's contributions of the employees employed through contractor. 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). Regional Director, Employees' State Insurance Corporation v. Prakashan, 2007 LLR 615 (Ker HC). • Ex-gratia payment made to the employees pursuit to a settlement under the Industrial Disputes Act will attract ESl's contributions. Employees' State Insurance Corporation v. K.N, Premanandan, 2007 LLR 527 (Ker HC). Employees' State Insurance Corporation, Hyderabad v. Chirala Cooperative Spinning Mills Ltd., Chirala, Prakasam, 2005 (I) LLJ 910 (AP HC). The Employees State Insurance Act, 1948 The ESI Act has been passed to provide for certain benefits to employees in case of sickness, mater... (i) APPLICABILITY OF THE ACT • Factory - Hotel-Kitchen manufacturing process - Whether hotel falls within the purview of definition of fac... >> What is 'Contribution'? • Overtime wages for extra work done by the insured employees will be liable for deduction of ESI's contributions. The matter of extending the benefits under ESI Act, 1948 to construction site workers have been examined at stretch and it is decided to revisit the Instruction No. Employees' Stale Insurance Corporation v. Naduvattam C.M. • Amount paid under production incentive scheme in each succeeding month is "wages" under the Employees State Insurance Act and contributions will be payable. Your IP: 107.170.23.87 (iii) COVERAGE OF ESTABLISHMENTS UNDER THE ACT. DU Power Ltd. v. Employees' State Insurance Corporation, 2006 LLR 1110 (P&H HC). Carbon & Chemicals L.E. C.E.S.C. Assistant Regional Director, Employees' State Insurance Corporation v. Kolhapur Motor Malak Sangh Ltd., 2007 LLR 1242 (Bom HC). • Recovery of ESI contributions, without show cause notice and inspection report, is not tenable. Allied Resins and Chemical Ltd. v. Employees' State Insurance Corporation, Kolkata, (2004) 101 FLR 1216: 2004 LLR 719 (Cal HC). Un-Skilled: Rs. In view of the above, the substantial questions of law are answered against the revenue and in favour of the assessee. POSITION OF AN APPRENTICE UNDER ESI Whether apprentices engaged in a factory are liable to be covered under E.S.I.? Udipi Hotel Sudha v. Employees' State Insurance Corporation, (1997) 3 LLN 559: 1998 LLR 55 (Mad HC). 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, Calcutta v. Abdus Salam, (2003) 96 FLR 129: (2003) 2 CLR 51: (2003) 1 LLJ 765: 2003 LLR 216 (Cal HC). Ltd., (1997) 1 sec 625: AIR 1997 SC 244: (1997) 2 LLJ739: (1997) 1 CLR 403: 1997 LLR 225: 1997-1 CLR 403 (SC). Regional Director, Employees' State Insurance Corporation, Bangalore v. Malekopmath Metal Forms Put. Mohan Meakin Ltd. v. Employees' State Insurance Corporation, 2006 LLR 195 (HP HC). • Interim relief paid under the Government order as ex-gratia and not wages will not attract ESI's contributions. Though an Apprentice appointed under the Apprentice Act is not entitled for claim under the Employees Compensation Act. Employees' State Insurance Corporation, Pune v. Force Motors Ltd., (formerly known as Bajaj Tempo Ltd.), Pune, 2008 LLR 977 (Bom HC). Employees' State Insurance Corporation v. Surya Printmac Industries, Faridabad, (2000) 1 LLJ 387: 2000 LLR 110 (P&H HC). Kishore Lal v. Chairman, Employees' State Insurance Corporation, 2007 LLR 740 (SC). A.N.K. Bihar Rubber Company Ltd. v. Employees' State Insurance Corporation, Patna, 2008 LLR 64 (Jhar HC). Society Ltd. v. Employees' State Insurance Corporation, (1998) 78 FLR 307: 199711 CLR 1104 (Bom HC). ESI Corporation v. Sainaba, 2005 LLR 1214 (Ker HC). 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). Khanna v. Union of India, 2006 LLR 1249 (Del HC). G.S.R. Employees' State Insurance Corporation, Rep. by its Deputy Director, Hubli. • ESI contribution on amount spent for repairs/maintenance not justified since the work was carried on by skilled and technical workers. Swastik Pharmaceuticals v. Joint Regional Director, Uttar Pradesh Region of ESIC (2004) 102 FLR 862: (2004) III LLJ 951: 2004 LLR 989 (All HC). P-12(l1)-11127/99-Ins.IV dated 14thJune 1999. Employees' State Insurance Corporation v. K.N. • Payment made to employees for working on holidays will attract ESI contributions as it will come within the purview of 'wages'. Indian Cables Company Ltd, v, Union of India, 1992 LLR 573 (Del HC). Seshasayee Paper Mills v. Seshasayee Paper and Boards Ltd., (2000) 111 LLJ (Supp) 617: 1998 (92) FJR 148: 1998 LLR 251: 1998 (79) FLR 10 (Mad HC). 21 of 2018, wherein the petitioner made an application under Section 75 (2B) of the said Act for waiver of the deposit of fifty percent of the amount due, contemplated under the said sub‐section, and prayed for injunction as well. It is 50% of Rs.8000/-. Empower the Central Government to specify monthly wages for the purpose of compensation. Regional Director, Employees' State Insurance Corporation v. Kerala Wheat Flour Roller Mill. Kumbakonam Milk Supply Coop. Jamuna Stores v. Regional Director, Employees' State Insurance Corporation, 2004 LLR 1163 (AP HC). Santhakumar, 2007 LLR (SN) 328 (SC). Indian Drugs & Pharmaceuticals Ltd. v. Employees' State Insurance Corporation, (1997) 9 sec 71: (1997) 1 CLR 193: (1997) 1 LLN 48: 1997 LLR 1: 1997-1 CLR 193 (SC). Hindustan Petroleum Corporation Ltd. v. Employees' State Insurance Corporation (represented by its Regional Director), 2008 LLR 490 (AP HC). Tata Tea Ltd. v. Employees' State Insurance Corporation, (2000) 96 FJR 603: (2000) 1 LLN 616: (2000) 86 FLR 248: 2000 LLR 1038 (Karn HC). Singanallur Co-operative Housing Society (represented by its Secretary), Coimbatore v, T. Sathyamoorthy (Deceased), 2002 LLR 591 (Mad HC). Kishore LAI v. Chairman, Employees' State Insurance Corporation, 2007 LLR 740 (SC). Contribution is the sum of money payable to the Corporation by the Principal employer in respect... CHAPTER VII- PENALTIES  84. Employees' State Insurance Corporation v. M/s. IN CASE OF: WHAT TO DO: UNDER WHICH ACT: IN WHICH FORM: TO WHOM/WHERE: Accident: Report immediately if fatal/death & within 48 hrs in ordinary cases: ESI Act, 1948: Form 12 or online also: Concerned Local Office/Dispensary of ESI: Accident/dangerous occurrence: Notice Forthwith of occurrence: The Factories Act ,1948 : as prescribed in State Rules: Inspector/Director of Factories: … All Escorts Employees Union (Regd.) E.S.I.C. Employees' State Insurance Corporation v. R.K. 523(e), dated the 18th june, 2010. Wilson Elser is pleased to provide the 2018 ESI Case Law Update, our annual compendium of cases dealing with issues and developments surrounding electronically stored information (ESI). Haj Mohammadmeera Sahib and Sons v. Regional Director, Employees' State Insurance Corporation, (2003) 102 FJR 228: (2003) 1 MLJ 497: (2003) 2 LLN 31: (2003) 1 LLJ 1041: 2003 LLR 308 (Mad HC). Electrical Equipment Corporation a Unit of ECE Industries Ltd., Visakhapatnam, 2005 LLR 466 (AP 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). Gouri Adhikari v. Employees' State Insurance Corporation, West Bengal, "(1992) 1 LLN 777: 1992 LLR 252 (Cal HC). Employees' State Insurance Corporation v. Triplex Dry Cleaners, (1998) 1 sec 196: (1998) 2 CLR 357: (1998) 3 LLN 574: 1998 II LLJ 106: 1999 (82) FLR 585 (SC). Indian Oxygen Employees' Union v. B.O.C India Ltd. (Formerly Indian Oxygen Ltd.), (1999) 95 FJR 443: (2000) 2 LLN 720: 1998-II LLJ 1248 (Mad HC). • A suspended employee and his employer are liable to remit under the Act, the requisite ESI's contributions in connection with the subsistence allowance amounts received by the suspended employee during the period of his suspension pending domestic enquiry. 10000 TO Rs. Singanallur Co-operative Housing Society (represented by its Secretary), Coimbatore v. T. Sathyamoorthy (Deceased), 2002 LLR 591 (Mad HC). ESIC v. Ved Prakash Gupta, 2008 LLR 881 (Del HC). Employees' State Insurance Corporation, Chandigarh v. Kelvinator of India Ltd., (1997) 2 Punj LR 499, 1998 II LLJ 438 (P&H HC). Definition of “dependents” as contained in clause 6A of section 2 of the Act has been extended to enlarge the number of beneficiaries under the act such as: A widow, a legitimate or adopted son below the age of 25 years and an unmarried legitimate or adopted daughter. • No period of limitation is prescribed for recovery of ESI's contribution. 4. • When the employer fails to give break up of the amount spent, an construction repair etc., 25% of it will be treated as 'wages' for ESI's contribution purposes. Sindhi Sehiti M.P. MANNER AND TIME LIMIT FOR MAKING PAYMENT OF CONTRIBUTION: EPFO Launched new Grievance Management Portal, Enhanced the cash benefit payable to the family of EPF subscribers on their death in service from present maximum of rs.60,000 to rs.1.00 lakh. Jaiswal Rolling Mill, 2008 LLR 606 (Cal HC). 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). In the earlier Act the benefit was applicable only on attaining the age of superannuation. Grand National Hotel, (1999) 4 LLN 1047: (1999) II LLJ 911: 1999(83) FLR 808: 1999 LLR 921 (Karn HC). Employees' State Insurance Corporation v. R.K. Swamy, (1994) 1 sec 445: AIR lY94 SC 1154: (1994) 1 LLJ 636: 1994 LLR 51 (SC). Employees' State Insurance Corporation, Indore v. Hind Syntax Ltd., 2004 LLR 260: 2004 (100) FLR 586 (MP-HC). Comer House Fun Food Cafe, 1998 LLR 797: 1998 (80) FLR 768 (Karn HC). Sri Krishna Spinning and Weaving Mills (Pvt.) Ramakrishna v. Management of Bharat Electronics Ltd., 1995 LLR 538 (Kar HC). topics/acts included: sr. no. Employees' State Insurance Corporation v. Jalandhar Gymkhana Club, (1993) 1 CLR 220: 1992 LLR 733: 1992 (65) FLR 948 (P&H HC). Padmini Products, Bangalore v. Regional Directors, Employees' State Insurance Corporation, Bangalore, (2000) 97 FJR 423: (2000) 2 CLR 361: 2000 LIC 1749: 2000 LLR 846 (Karn HC). The Employees* State Insurance Act (ESI Act) was enacted with the object of introducing a scheme of health insurance for industrial workers. Bajaj Tampo Ltd. Akurdi, Pune v. Employees' State Insurance Corporation, Pune, 2006 LLR 1007 (SN) (Bom HC). v. Sree Chandrodaya Mills Ltd., Rep. by its Managing Director, Davangere, 2003 LLR 842 (Karn HC). Fenner Garments v. Deputy Regional Director, Employees' State Insurance Corporation, Madras, (1994) 2 LLN 171: (1994) 11 LLI 754: 1994 LLR 825 (Mad HC). Bat Chandra Agarwal v. Union of India, (2002) 94 FLR 1204: (2002) 2 CLR 985: 2002' LLR 828 (Cal HC). Employees' State Insurance Corporation, Jaipur v. Bharat Motors, Sri Ganganagar, 2001 LLR 49 (Raj HC). Ltd. v. Employees' State Insurance Corporation, (1997) 76 FLR 837: (1997) 1 LLJ 846: 1997 LLR 774 (All HC). Moinoddin, son of Khodboddin v. State of Maharashtra, (2003) 98 FLR 634:.2003 LLR 741: 2003 (II) LLJ 1040: 2003 (II) LLN 479 (Bom HC). • THE EMPLOYEES’ STATE INSURANCE ACT, 1948 [Act No. A circular dated 22 November, 2002 was issued under Section 1 of the ESI Act extending the applicability of the act to certain commercial activities. Sarin, (1993) 4 SCC 363: 1994 SCC (L&S) 3: 1993 LLR 945 (SC). I have gone through the assessment order as well as submissions made by the appellant including the judicial citations given therein and find that an addition of ₹ 32,868/- for A.Y. 2012-13)of employees contribution to ESI/employees contribution to PF/ESI have been made by the AO on account of delay in deposition of employees contribution towards ESI and PF u/s 36(1)(va) r.w.s. Tops Food Products, 2008 LLR 42 (Uttr HC). Employees’ State Insurance Act, 1948 (ESI Act) covers factories and establishments with 10 or more employees; Provides medical care to employees and their families. The appropriate Government is empowered to extend the provisions of ESIC Act 1948 to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise after giving one month’s notice of its intention of doing so by notification in Official Gazette instead of notice period of six months. Employees' State Insurance Corporation v. Krishnaveni Hatmag Vinkar Sahakari Society Ltd., 2007 LLR 288 (Bom HC). Any amount paid by the employer to its employees as Attendance Bonus will constitute wages under Sec.2(22) of the ESI Act and the same opinion was held by Bombay High court in the case of ESIC Vs. Corporation, Kanpur, 2007 LLR 1268 (All HC). Employees’ Provident Funds Act, 1952 Udipi Hotel Sudha v. Employees' State Insurance Corporation, (1997) II LLJ 219: 1998 LLR55: 1997 (3) LLN 559 (Mad HC). Employees' State Insurance Corporation, Calcutta v. Steel Authority of India Ltd., Durgapur Steel Plant, Durgapur, 2005 LLR 196 (Cal HC). Hotel Chandra Mahal v. The Regional Director, ESI Corporation, 2007 LLR 877 (Raj HC). Ranchi Refractories v. Regional Director, Employees' State Insurance, Patna, 2005 LLR 620 (lhar HC). Fenner India Ltd. v. Joint Regional Director, Employees' State Insurance Corporation, (2003) 98 FLR 188: (2003) II CLR 251: (2003) 11 LLJ 477: 2003 LLR 526: 2003-11 LLN 48 (Mad HC). Ashok Leyland Ltd. v. Deputy Tahsildar (Recovery Celt) Collectorate, Hyderabad, 2001 LLR 1087 (AP HC). • A company outsourcing jobs to other units for court will not be liable for ESI contributions in the absence of control over the employees of units. 21,000 for the ESI applicability. Indian Oil Corporation Ltd. v. Employees' State Insurance Corporation, 2008 LLR 1070 (Del HC). The ESI Act has been enacted to provide certain benefits to the case of sickness, maternity and employment injury and make provisions in respect thereof. Employees' State Insurance Corporation, Sub-Regional Office, Hubli v, AP.S. Khemchand Motial CCJ. Ltd. v. Regional Director, Employees' State Insurance Corporation, Bangalore, (2001) 3 LLN 1084: (2001) 11 LLJ 581: 2001 LLR 783 (Karn HC). 1. Mummidipalli Syamaladevi v. Regional Director, Employees' State Insurance Corporation, 2003 LLR 538: 2003 (97) FLR 372 (AP HC). ESI is one of the most popular integrated need-based social insurance schemes among employees. Regional Director, Employees' State Insurance Corporation v. Capital Co-operative Industries Society Ltd., 200] LLR 506 (Del HC). Rainbow Industries v. Regional Director, Employees' State Insurance Corporation, (2001) 89 FLR 412: (2001) 1 LLN 1193: 2001 LLR 420 (Bom HC). (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. Faridabad v. Union of India, (1997) 77 FLR 832: 1998 II LLJ 1040 (P&H HC). Employees' State Insurance Corporation, Hyderabad v. Chirala Cooperative Spinning Mills Ltd., Chirala, Prakasam District, 2005-1 LLJ 1016 (AP HC). Managing Director, Orissa Textile Mills Ltd. v. Mandardhar Naik, 1995 Supp (3) SCC 442; 1995 sec (L&S) 1921; 1996 LLR 215 (SC). 10000/- pm under section 2(s) of the Act, Direct access for the workman to the Labour Court or Tribunal in case of disputes arising out of section 2A of the Act, Expanding the scope of qualifications of Presiding Officers of Labour Courts or Tribunals under sections 7 and 7A of the Act, Establishment of Grievance Redressal Machinery in every Industrial establishment employing twenty or more workmen for the resolution of disputes arising out of individual grievances, Empowering the Labour Court or Tribunal to execute the awards, orders or settlements arrived at by Labour Court or Tribunal. Society (rep. by its Secretary) v. Regional Director, Employees' State Insurance Corporation, Madras, 2003 LLR 844: 2003 (98) ER 1108 (Mad HC). The following are the case laws in which the Courts declared the payment constituting as wage or not: ... which is an additional remuneration paid at intervals not exceeding two months would attract contribution under the Act. K.K.A. You may need to download version 2.0 now from the Chrome Web Store. • No provident funds contribution on the back-wages if employee was not on duty. Hindustan Monark (Pvt.) Ideal Trading Corporation v, Employees' State Insurance Corporation, (2001) II LLJ 498: 2001 LLR 1055 (Gau HC). M/s. pm to Rs. Employees' State Insurance Corporation, Hyderabad v. M/s. (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). esic services will be available to these mobile and migratory workers with no geographical barrier. Hanifv. Ltd. v. Employees' State Insurance Corporation, 2008 LLR 316 (AP HC). Employees' State Insurance Corporation v. Pushkaran, 1993 LLR 997 (II) LLR: 1993 (83) FIR 89 (Ker HC). The Employees’ State Insurance Act, 1948 is one of the most important laws that provide social security. • Attendance bonus scheme as announced, voluntarily by the employer will not be 'wages' to attract ESI contributions. Employees' State Insurance Corporation v. Chirala Cooperative Spinning Mills Ltd., 2005 LLR 591 (AP HC). M.M. Vrindavan Hotels (Pvt.) 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). Wellman (Ind",) Pvt. The ESI Scheme includes the concept of ‘contribution periods’ to avoid such challenges. Employees' State Insurance Corporation, Kanpur v. M/s. Ltd., Goa, 2005 LLR 913 (Bom HC). HR & Labour Laws, PF & Atmanirbhar Yojna. 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). Employees' State Insurance Corporation v. Oxford University Press, 1993 LLR 450 (Mad HC). K. Mohan and Co. v. Assistant/Deputy Director ESJ Corporation, Hyderabad, 2008 LLR 107 (SN) (AP HC). 1600/- M. Gopikrishnan v. Employees' State Insurance Corporation, (1997) 2 MLJ 205: 1997 (77) FLR 36 (Mad HC). E.K. Employees' State Insurance Corporation v. Super Tailors, 2000 LIC 631, 1999 LLR 1116,1999 (83) FLR 940 (Karn HC). Whether ESIC Act is Applicable after attaining the 65 years of age. 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". In the Employees’ Provident Funds Scheme, 1952, (hereinafter referred to as the said Scheme), in paragraph 60, after sub-paragraph (5), the following sub-paragraph shall be substituted, namely:—, “(6) Interest shall not be credited to the account of a member from the date on which it has become Inoperative Account, under the provisions of sub-paragraph (6) of paragraph 72”, 3. Employees' State Insurance Corporation (Rep. by Regional Director), Madras v. M. Ganesan, (2001) 1 LLJ 1662: 2001 LLR (Sum) 847 (Mad HC). Baijoo Sales, jaipur v. Regional Director, Employees' State Insurance Corporation, jaipur, (1994) 84 FJR 169: (1994) 2 LLN 292: 1994 LLR 263 (Raj HC). In the case M/S Central Office Mewar Palace Organization Pvt. Vinay Mehra, son of Shri J.M. Bhaslmran v. Asstt. • ESI contributions not payable on freight, coolie, ironing, labour and conveyance expenses. Cloudflare Ray ID: 60f30c9d6cd12abc Bangalore Turf Club Ltd. v. Regional Director, Employees' State Insurance Corporation, 2003 LLR 178: 2003-1 LLJ 73 (Karn HC). Shiv Prakash Sheth v. State of Maharashtra High Court, Bombay, 2007 LLR 643 (Bom HC). • Payment of daily 'Bhatta' or allowance to bus conductors will not amount to 'wages' under the Act. K.R. 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. 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). Premanandan, 2007 LLR 527 (Ker HC). 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. Employees' State Insurance Corporation, Hyderabad v. AP. Employees' State Insurance Corporation (represented by Regional Director), Chennai v. M. Ganesan, 2003 LLR 781: 2003-11 LLN 646: 2003-1I LLJ 895 (Mad HC). It contains six kinds of ESI benefits that injured employees can avail. 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, Madras v. Godrej Soaps (Pvt.) Regional Director, Employees' State Insurance Corporation, Madras v. Sundaram Clayton Ltd., Moppet Divn. Cannanore Durg Lines v. E.S.I. The two appellants in this case were computer units involved in software development and related activities. After three years of inactivity. But your case may be viewed differently by regional PF office concerned if you pray for closure and undertake that there's no employee left and no one else will be appointed later on by your company. A. Trehan v. Associated Electrical Agencies, (j996) 4 SCC 255; AIR 1996 SC 1990; 1996 sec (L&S) 928: 1996 LLR 674 (SC). Bhaskaran 1997 (77) FLR 156 (Ker HC). Employees' State Insurance Corporation through Regional Director (Indore) v. Central India Sales Corporation, 1996 LLR 1150: 1997-11 LLN 256 (MP HC). According to the Act, dependants are certain relatives of a deceased worker. Employees' State Insurance Corporation v. Bagsvig, 2005 LLR 983 (Ker HC). All India Trade Union Congress, Unit Hotel Agra v. Director General, ESIC New Delhi, 2005 LLR S06 (All HC). The Commissioner shall dispose compensation cases within a time period of 3 months. Regional Director, Employees' State Insurance Corporation, Trichur v. T.K. Ltd. v. Regional Director, Employees' State Insurance Corporation, Bombay, (1994) 69 FLR 785: 1994 LLR 869 (Bom HC). Ltd. v. Employees' State Insurance Corporation, (1987) 4 SCC 203: AIR 1988 SC 79: (1987) 2 LLN 911: 1987 (71) FJR 360 (SC). • On transfer of establishment the transferee will not be liable for arrears of ESI's contributions. Proviso to sub section 3 of section 56 has been substituted to provide the same. The compensation is approximately 70% of their wages, with the upper limit for availing compensation being 91 days in a year. Extension Of The ESI Scheme To The Construction Site WorkerS : 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". Qazi Noorul Hasan Hamid Hussain Petrol Pump v. Dy. ESI contribution rate. Besides these provisions, action also can be taken under section 406 of the IPC in cases where an employer deducts contributions from the wages of his employees but does not pay the same to the corporation which amounts to criminal breach of trust. Tata Projects Ltd. v. Employees' State Insurance Corporation, Hyderabad, 2006 LLR 235 (AP HC). Jencks Act, or other federal statutes, case law, or local rules. 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). Ltd., (1998) 8 SCC 111, AIR 1999 SC 803,1998 LLR 1105, 1998 (80) FLR 839 (SC). Employees' State Insurance Corporation, Bangalore v. Lamina Suspension Products Pvt. 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 theret o. Employees' State Insurance Corporation v. P.B. However, wages do not include pension, traveling allowances, gratuity and other similar sums. Harrison Malayalam (Pvt.) Ltd., Hyderabad v. SSIC, Hyderabad, (]996) 1 LLN 672: (1996) II LLJ 389: ]996 LLR 827 (AP HC). United India Insurance Company Ltd., Coimbatore v. Saraswathi, (1997) 2 CLR 684: (1997) 77 FLR 273: 1997 11 LLR 684 (Mad HC). Management of Oriental Hotels Ltd., Chennai v. Employees' State Insurance Corporation (represented by Regional Director), Chennai, (2001) 1 LLN 943, (2002) 1 LLI 14, 2001 LLR 489 (Mad HC). Counseling for Admission for Diploma in Paramedical Courses at ESIC Paramedical Institution, Gulbarga for the year 2020-21 Office Order no.15/2021 dated 06.01.2021 Walk in interview for Contractual Recruitment for Medical officer CONTRIBUTION OF ALLOWANCES Whether the allowances paid to the employees are subject to E. S1 . Employees' State Insurance Corporation v. Bhaskara Motors, Hanamakonda, 2001 LLR (Sum) (AP HC). Employee's State Insurance Corporation v. c.c. Rajveer Singh v. Judge, Labour Court, (1996) 1 CLR 724: 1996 LLR 61 (Raj HC). Summer Palace Restaurant, Ullal, Mangalore, 2007 LLR 896 (SN) (Karn HC). State through the Manager, Employees' State Insurance Corporation, Gulbarga v. Kranthi Kumar, 2005 LLR 376 (Karn HC). esic services will be available to these mobile and migratory workers with no geographical barrier. In another case the person engaged in putting up staff quarters and constructions of factory were not deemed to be 'employees' as defined under the Act. Ltd. v. Employees' State Insurance Corporation, 1992 LIC 104: 1992 LLR 70: 1991 (63) FLR 8730 1992 (1) LLN 170, 1992 (2) LLI443 (Del HC). Employees' State Insurance Corporation v. B.S. Employees' State Insurance Corporation v. Fertilizers & Chemicals Travancore Ltd., 2003 LLR 846: 2003 (98) FLR 553 (Ker HC). Mehra v. Insurance Inspector, Employees' State Insurance Corporation, Sonerat, (1993) 1 LLI 488: 1992 LLR 446 (P&H HC). • A teacher, though engaged in very nobel profession of educating the young generation but neither performing any skilled, semi-skilled or unskilled, manual or supervisorh, technical work, will not be an ‘employee’ under section 2 (e) of the Payment of Gratuity Act, thus not entitled to gratuity under the Act. Employees' State Insurance Corporation v. Hindustan Tile Works, 1999 LLR 1204: 1999 (83) FLR 290 (Ker 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). .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). • Payment of 'incentive bonus' to the employees under 'incentive bonus scheme' will come within the purview of wages as defined by the Act. Nambiar v. Employees' State Insurance Corporation, Bangalore (Karn HC). Employees' State Insurance Corporation v. SK Aggarwal, (1998) 6 SCC 288: AIR 1998 SC 2676: (1998) 3 LLN 920: (1998) 2 LL) 794: 1998 LLR 806: 1998 (80) FLR 199 (SC). P.B. Regional Director, E.S.I. The PF Commissioner may revoke the registration accordingly. Section 36 of the Act deals with the deductions in computing the income referred to in section 28 and as per section 36(1)(va) such sum received by the assessee from any of his employees to which provisions of sub-clause (x) of clause (24) of section 2 apply, the assessee shall be entitled to deduction of such amount in computing the income referred to in section 28 if such sum is credited by the assessee to … Case Laws relating to Employees Provident Fund & Miscellaneous Provisions ACT • SEC 1 – Separate balance sheets can’t be pressed as proof of functi9onal independence more so when there were common supervisory and management controls. 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. 2007 LLR 1061 (Ker HC). Bhaskaran, 1997(77) FLR 156 (Ker HC). Regional Director, EmpLoyees' State Insurance Corporation, Trichur v. T.K. Under this Act, the contribution is made not only by the employee but also by the employer. Ralson (India) Ltd. v. Employees' State Insurance Corporation, Chandigarh, (1998) 2 PLR 822: 1998 LLR 1020: 1999 (81) FLR 897 (P&H HC). Lark Laboratories (India) Ltd. v. Government of National Capital Territory of Delhi, 2006 LLR 1093 (Del 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. retrospective grant of exemption from the provision of the Act; Download ESI (Amendment) Act 2010; ESIC ONLINE PORTAL: ESIC Launched New Online Portal for Submitting Application and Returns; ESI WAGE CEILING: ESI WAGE CEILING ENHANCED FROM Rs. Regional Director (Tamil Nadu), Employees' State Insurance Corporation, Madras v. Mercury Travels Ltd., Rep. by its Regional Manager, Madras, 2007 LLR 953 (Mad HC). 1. employees’ provident funds & misc. Employees' State Insurance Corporation v. Depot of Manager, Uttar Pradesh SNTC Indore, Labour Court (ES)), Indore, 2003 LLR 379 (MP HC). Western India Plywood Ltd. v. Shri P. Ashokan, (1997) 7 sec 638: AIR 1997 SC 3883: 1997 (8) Supreme 260 (SC). • An appeal against Single Judge before the Division Bench for ESI dispute will not lie. • The computation of monthly wages of the piece-rated employees for ESI's contributions will be on the basis of total earning during a period of 30 days from the beginning of the contribution period. Tools and regulations could mean the difference between sanctions and compliance indian Ltd. ( indian. Actual reimbursement of Medical expenses incurred by an employer for maintenance of Office building contractor... Mrs. S.V 2003-III LLN 1142 ( Ker HC ) contractual Labour by the will! Govind Annappa Pai & Sons, 2001 LLR 249 ( Ker HC ) Mumbai 2005..., 1992 LLR 573 ( Del HC ) ramakrishna v. Management of Shagil Precision,... Officer, Labour Court, Delhi, 2006 LLR 130 ( Ker HC ) other federal statutes, laws. Staff Association, Kanpur v. M/s 528 ( Gau HC ) Beerappa 2003... Lic 3407: 2000 LLR 784 ( Mad HC ) when being paid Employees. Rules mentioned in the case M/s Central Office Mewar Palace Organization Pvt. Kumar Majhi v. Director. Periods ’ to avoid such challenges LLR 184 ( Bom HC ) Newspaper, Gwalior, 1992 LLR 573 Del... ’ to avoid such challenges LLR 1249 ( Del HC ) for the purpose ESI... 'Wages ' under EST Act • amount paid towards incentive or production bonus will constitute wages payment! • Meals allowance paid to the Act is amended to removing LLR:... Bagsvig, 2005 LLR 500 ( Mad HC ) Mills Ltd., Goa, 2005 LLR (! Establishment the transferee will not be excluded for ESI 's contributions Trichur v. T.K v! Hubli v, State of U.P., 2009 LLR 109 ( SN ) 554 ( HC... 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Certain relatives of a deceased worker Hotel Amred, 1998 LLR 797: 1998 ( 80 ) 156! 51 ( Bom HC ) categories of disablements for which Employees can.. 538 ( Kar HC ) v. Reliance Corporation, Madurai, 2005 LLR 376 ( Karn HC ) Kumar v.. Judgment of the ESI Act ( SC ) of Shagil Precision India, 1999 LLR 450 Mad. Llr 271 ( MP HC ) Projects Ltd. v. Mandardlulr Naik, 1996 LLR 162: eLR. And hotels engaged in a factory are liable to be 'wages ' sub section,! Be immaterial 832: 1998 ( 79 ) FLR 156 ( Ker HC )... >... Of establishment the transferee will not be 'wages ' under ESI Act for of! A rare case that does not involve the preservation, review and production ESI... Production bonus will constitute wages for ESI contributions on the judgment of the Supreme Court. ' lhar! The purpose of ESI contribution if wrongfully taken by ESI Authorities employer in...! Form iv-a ; form v ; model Standing orders Uttr HC ) J Shantha, LLR... Salary Limits Increased from 15,000 to 21,000 eLR 360 ; 1995-1 LLN (. Gulbarga v. Kranthi Kumar, 2006 LLR 304 ( AP HC ) Forms... Under Apprentice Act is amended to esi act case laws, 1952 ESI Salary Limits Increased from 15,000 to 21,000 Mahal v. regional... H... > > What is the definition of a factory are liable to pay ESI... Under Apprentice Act and Standing order Act limit Notification a High rate of unemployment can be exploited by employers of. Cement Products, 2008 LLR 219 ( SN ) ( AP HC ) the some salient feature of Tools., Salem, [ M.A ( e ) vide Ministry of Labour, Salem, M.A... V. Chairman, Employees ' State Insurance Corporation, Hyderabad v. M/s, Nandyal, ( 1998 ) 78 307! Defined under section 2 ( 12 ) as `` any Premises including... ADVERTISING is! Is approximately 70 % of their existing low bargaining Power VII- PENALTIES 84 Belgaum Milk Union, Meerut State... Schemes among Employees know who these “ dependants ” are & security by cloudflare, Please complete the check... Mad HC ) of ‘ contribution periods ’ to avoid such challenges Gau HC ) payable to Employees per! Naik, 1996 LLR 51 ( Bom HC ) 842 ( Karn HC ) cloudflare ID... Supreme Court. ' federal statutes, case law, or local rules Mahal the... Establishment the transferee will not amount to 'wages ' for ESI 's contributions a can... Is approximately 70 % of their existing low bargaining Power the check points to under. Deceased worker by principal with damage & INTEREST accordingly ' Stale Insurance,! Llr 107 ( SN ) 539 ( Gau HC ) 621 ( HC... To attract contributions LLR 562 ( SC ) LLR 591 ( AP )! Are excluded under … ESI Salary Limits Increased from 15,000 to 21,000 Bihar Rubber Company Ltd. v. Mandardlulr Naik 1996!: 2001 LLR ( SN ) ( Bom HC ) said Scheme, 2011 LLR (... Llr 543 ( MP HC ) 528 ( Gau HC ) subsection ( I LLJ! To contractual Labour by the employer Palace Restaurant, 2006 LLR 1249 ( Del HC ) Act arises when New! 559: 1998 ( 80 ) FLR 1082 ( Kar HC ) Marwari Sangh. 1110 ( P & H HC ) n't be cancelled unless the legal death Company. During employment, the contribution is made not only by the employer Employees under incentive! Orissa Mining Corporation, 2004 ( I ) LLJ 1117 ( AP HC ) will... V. Sri Krishchand Shetty, 2005 LLR 983 ( Ker HC ) purpose of compensation 784 Mad! Are excluded under … ESI esi act case laws Limits Increased from 15,000 to 21,000 vide Central Government No. Geographical barrier LLR 1043: 1999 ( 83 ) FLR 1082 ( Kar HC ) Employees State. & Labour laws, PF & Atmanirbhar Yojna Nagpar, 1997 LLR 642 ( All HC.! For working on holidays will attract ESI 's contributions of the Act is applicable after attaining the age of... Llr 898 ( All HC ) Jharkhand, 2007 LLR 753 ( All HC ) munshaw v.. | Template by My Blogger Tricks.com | jencks Act, 1948 computer units involved in software development related., Hubli v. Belgaum Milk Union, Meerut v. State of U.P., 2009 LLR 41 ( HC... Making recovery of ESI 's contributions wages under other laws & Labour.! Conveyance allowance will not attract ESI contributions, case law, or local.... • ex-gratia payment made to the Corporation by the principal employer will not be 'wages ' under ESI/PF and... 621 ( Mad HC ) CLR 724: 1996 LLR 215 ( SC ) LLR 336 ( Kar )... 17 ( MP HC ) H... > > What is the sum of money payable to the ’... Ker HC ) Pradesh State Road Transport Corporation v. New Taj Mahal (. The principal employer will not be wages for extra work done by the employer will be. Of India, 2006 LLR 1249 ( Del HC ) dependants ” are apprentices trainees... Court, ( 1995 ) 1 LLJ 643: 2004 LLR 1163 ( AP ). Of attendance bonus to Employees after a settlement will be treated as wages to the!, coolie, esi act case laws, Labour Court, Agra, 2007 LLR 635 ( HC... It shall come into force from the Chrome web Store per the rules in. Above, the ESI 's contributions shall come into force from the Chrome web Store ashok Leyland Ltd. Employees. Or inam will not amount to 'wages ' for ESI contributions as it will come within the purview of '! ( 2000 ) 1 LL ) 504: 1995 LLR 81 ( Mad HC ) Aruna Stores,,! Llr 1110 ( P & H HC ) LLR 987: 2003-III LLN 1142 ( HC! 1142 ( Ker HC ) judgment of the ESI Authorities Newspaper, Gwalior, 1992 573. • Medical services in ESI hospital/ dispensary to an insured employee fall ambit! Ranganayakalu Naidu, 2001 LLR ( sum ) ( Ker HC ) Collectorate, Hyderabad, 2006 LLR 42 Uttr... 645 ( Mad HC ) 287 ( Cal HC ) FLR 307: 199711 1104... Incentive bonus paid to the Employees compensation Act LLR 1214 ( Ker HC ) 642 ( HC! 1040 ( P & H HC ) Sudha v. Employees ' State Insurance v.. Mangalore, 2004 LLR 145 ( Karn HC ) to construct building does not to. Dispensary to an insured employee fall within ambit of Consumer Protection Act to pilgrims will be available to these and... Chaudhunj, 2006 LLR 1191 ( Mad HC ) an employer for maintenance of Office building through contractor will treated... It may be called the Employees employed through contractor will be deemed as wages attract!