M/s Goetze (India) Ltd. v. Employees' State Insurance Corporation, 2008 LLR 897 (SC). 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). Employees' State Insurance Corporation v. Bhaskara Motors, Hanamakonda, 2001 LLR (Sum) (AP 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. All factories excluding seasonal factories employing 20 or more persons and working without power. Hotel Kalpaka International, (1993) 2 sec 9:AIR 1993 SC 1530: (1993) 1 CLR 332: 1993 LLR 177: 1993 LIC 416: 1993 (1) LL1939: 1993 (82) FJR 204 (SC). Employees' State Insurance Corporation, Bangalore v. A.K. Ashok Leyland Ltd. v. Deputy Tahsildar (Recovery Celt) Collectorate, Hyderabad, 2001 LLR 1087 (AP HC). C.E.S.C. Employees' Slate Insurance Corporation (Indore) v. Swadeshi Daily Newspaper, Gwalior, (1992) 1 LLN 26L (1992) 1 CLR 406: 1992 LLR 141 (MP HC). ESI Corporation v. Suresh Babu, 2007 LLR 1053 (Ker HC). Eagle Flask Industries Ltd. v. Employees' State Insurance Corporation, (1997) 76 FLR 43: (1997) 1 LLN 599: 1997 LLR 235: 1997-1 CLR 624 (Bom HC). Shiv Prakash Sheth v. State of Maharashtra High Court, Bombay, 2007 LLR 643 (Bom HC). 1997 11 LLJ 839 (Ker HC). Box 149104, Austin, TX 78714 | 512-676-6000 | 800-578-4677 • 'Wages' - Meaning of - Employer introduced voluntary scheme for payment of production bonus to its employees - Subject to a ceiling of Rs. Regional Director, E.S.I.Corporation v. Hotel Alukkas, 2008 LLR 329 (Ker HC). Published in the gazette of india, part ii, section 3, subsection (i), vide number g.s.r. Bhaskaran v. Asstt. Regional Director, EBI Corporation, Madras v. Aruna Stores, Proprietor,J Shantha, 2005 LLR 500 (Mad HC). 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). Act ID: 194834: Act Number: 34: Enactment Date: 1948-04-19: Act Year: 1948: Short Title: The Employees State Insurance Act, 1948: Long Title: An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for … P.B. To provide health care and cash benefit payments the legislature of our country has introduced Employee State Insurance Act which came into existence in the year 1948. Thirunelveli Cooperative Milk Supply Society Ltd. v. joint Regional Director, Employees' State Insurance Corporation, Madras, 1995 LLR 157; 1994-11 CLR 871; 1994 (69) FLR 744 (Mad HC). This amendment is notified vide Central Government Notification No. ( Log Out /  Employees' State Insurance Corporation v. R.K. Swamy, (1994) 1 sec 445: AIR lY94 SC 1154: (1994) 1 LLJ 636: 1994 LLR 51 (SC). Regional Director, Employees' State Insurance Corporation, Madras v. Sundaram Clayton Ltd., Moppet Divn. Employees' State Insurance Corporation, Hyderabad v. Chirala Cooperative Spinning Mills Ltd., Chirala, Prakasam, 2005 (I) LLJ 910 (AP HC). After three years of inactivity. Armed Forces Ex.-officers Multi-Service Coop. Allied Resins and Chemical Ltd. v. Employees' State Insurance Corporation, Kolkata, (2004) II CLR 658: (2004) III LLJ 302: 2004 LLR 719 (Cal HC). . Associated Electrical Agencies v. Commissioner for Workmen's Compensation & Judge, (1994) 69 FLR 749: (1994) 2 LLN 533: (1994) 1 LLJ 368: 1994 LLR 860 (Bom HC). Gouri Adhikari v. Employees' State Insurance Corporation, West Bengal, "(1992) 1 LLN 777: 1992 LLR 252 (Cal HC). Eachin Steamer Agents Association v. Employees' State Insurance Corporation, 2004 (I) LL] 617 (Ker HC). Employees' State Insurance Corporation v. H. Fillunger and Co. Pvt. Duvent Fans (Pvt.) 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). pm to Rs. Bhaskaran, 1997(77) FLR 156 (Ker HC). Narashimha Mills Ltd., Coimbatore v. Regional Director, Employees' State Insurance Corporation, Madras, 2000 LLR 784 (Mad HC). M/s. Employees' State Insurance Corporation v. Excel Glasses Ltd., 2003 LLR 987: 2003-III LLN 1142 (Ker HC). The Employees’ State Insurance (ESI) scheme under the ESI, Act, 1948 provides social security coverage to workers employed in various factories and establishments, and covers contingencies such as sickness, maternity leave, and physical disablement or death due to employment injury resulting in loss of wages or earning capacity.. Notional extension of Employer’s Premises. Kumbakonam Milk Supply Coop. E.S.I.C. This is an exciting prospect from both an employee’s and a legal perspective as the beginning of a formal social security program in India. • The principal employer will be liable to pay the ESI's contributions of the employees employed through contractor. 2. Chauhan v. N.K. Khemchand Motial CCJ. Electrical Equipment Corporation a Unit of ECE Industries Ltd., Visakhapatnam, 2005 LLR 466 (AP HC). • Overtime wages paid for loading and unloading to the employees will attract the ESI's contributions. Employees' State insurance Corporation v. Navchetan Press, (2004) 113 DLT 249: (2004) 103 FLR 465: (2004) III LLJ 998: 2004 LLR 1047 (Del HC). Sawarmal Agarwalla v. State of Assam, 2006 LLR (SN) 539 (Gau HC). • Payment made to contractor to construct building does not amount to 'wages' under ESI Act. Regional Director, Employees' State Insurance Corporation v. Ram Kumar Suresh Kumar Timer Merchant, 2006 LLR 308 (MP HC). Employees' State Insurance Corporation v. Dhiren Chaudhunj, 2006 LLR 528 (Gau HC). Bangalore Amateur Institute v. Regional Director, Employees' State Insurance Corporation, (2001) II LLJ 746: 2001 LLR 862 (Karn HC). Parry (India) Ltd., Vijaywada v. Employees' State Insurance Corporation, (20U2) 11 CCR 349: (2002) 3 LLN 164: (2002) III LLJ145: 2002 LLR 753 (AP HC). Ltd., Bijapur, 2001 LIC 3010, (2002) 1 LLN 29J, (2001) 91 FLR 873: 2002 LLR 121 (Karn HC). Employees' State Insurance Corporation v. Cochin Port Workshop Canteen, 2003 LLR 371: 2003 (97) FLR 676 (Ker He). 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). Benefits. Regional Director,ESI Corporation,Thrissur v. P.Asokan, Ins.A No. Employees' State Insurance Corporation (Indore) v. Swadeshi Daily Newspaper, Gwalior, (1992) 1 LLN 261: (1992) 1 CLR 206: 1992 LLR 141 (MP HC). Bajaj Tampo Ltd. Akurdi, Pune v. Employees' State Insurance Corporation, Pune, 2006 LLR 1007 (SN) (Bom HC). R. Dhandayuthapani v. C.R. Employees' State Insurance Corporation v. Super Tailors, 2000 LIC 631, 1999 LLR 1116,1999 (83) FLR 940 (Karn HC). All India Trade Union Congress, Unit Hotel Agra v. Director General, ESIC New Delhi, 2005 LLR S06 (All HC). In the earlier Act the benefit was applicable only on attaining the age of superannuation. Employees' State Insurance Corporation v. D.P. The original Act was recently amended by The Employees’ State Insurance (Amendment) Act, 2010. Swastik Textile Engineers Pvt. Texas Department of Insurance 333 Guadalupe, Austin TX 78701 | P.O. Ltd., 2007 LLR 214 (Karn HC). • The expenditure incurred for building repair through contractor, will not attract the ESI contributions when the work was not connected with the work of the establishment. The Employees’ State Insurance Act, 1948 is one of the most important laws that provide social security. • Overtime payment will attract ESI's contributions. 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. 3 [***]]. Transport Coop. Employees' State Insurance Corporation, Kanpur v. M/s. 23 of 2005 Ker. Bat Chandra Agarwal v. Union of India, (2002) 94 FLR 1204: (2002) 2 CLR 985: 2002' LLR 828 (Cal HC). Employees' State Insurance Corporation v. Gogte Textiles Ltd., 1999 LLR 1043: 1999 (83) FLR 641 (Karn 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. The Act provides for periodical payments to an insured woman in case of confinement or miscarriage or related sickness. Allied Resins and Chemical Ltd. v. Employees' State Insurance Corporation, Kolkata, (2004) 101 FLR 1216: 2004 LLR 719 (Cal HC). Guindy Machine Tools Pvt. 155 per day, Rs. Sub-Regional Office, ESI Corporation v. Sri Krishchand Shetty, 2005 LLR 853 (Karn HC). retrospective grant of exemption from the provision of the Act, ESIC Launched New Online Portal for Submitting Application and Returns, ESI WAGE CEILING ENHANCED FROM Rs. Naresh Chandra Bhargava v. Chairman, Employees' State Insurance Corporation, Kanpur, LLR 1262 (All HC). Vasunathi v. Employees' State Insurance Corporation, 1997 KLT 415 (Ker HC). Krishnankutty Nair v. Regional Director, Employees' State Insurance Corporation, 2008 LLR 768 (SC). • ESI contributions payable on wages to temporary packers and machinery maintainer. Change ), You are commenting using your Facebook account. act name page nos. The Employees' State Insurance Act, 1948 (ESI Act) is an important social security legislation which provides for medical and cash benefits to employees (or their dependents) in case of sickness, maternity and employment injuries. Bihar Rubber Company Ltd. v. Employees' State Insurance Corporation, Patna, 2008 LLR 64 (Jhar HC). Gupta, 2002 LLR 687: 2002 LIC 1014: 2002 (93) FLR 1147: 2002-1 LLJ 1143: 2002 (2) LLN 649 (Ori HC). Quality Inn Southern Star v. The Regional Director, Employees State Insurance Corporation, 2008 LLR 119 (SC). Employees' State Insurance Corporation v, M/s. A new section 51-E has been added for this purpose. Baijoo Sales, jaipur v. Regional Director, Employees' State Insurance Corporation, jaipur, (1994) 84 FJR 169: (1994) 2 LLN 292: 1994 LLR 263 (Raj HC). Ranchi Refractories v. Regional Director, Employees' State Insurance, Patna, 2005 LLR 620 (lhar HC). Swastik Pharmaceuticals v. Joint Regional Director, Uttar Pradesh Region of ESIC (2004) 102 FLR 862: (2004) III LLJ 951: 2004 LLR 989 (All HC). Empower the Central Government to specify monthly wages for the purpose of compensation. Haj Mohammadmeera Sahib and Sons v. Regional Director, Employees' State Insurance Corporation, (2003) 102 FJR 288: (2001) 1 MLJ 497: (2003) I CLR 741: (2003) 2 LLN 31: 2003 LLR 308 (Mad HC). Employees' State Insurance Corporation v. Apex Engineering (Put.) Employees' State Insurance Corporation 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). Kirloskar Brothers Ltd. v. Employees' State Insurance Corporation, AIR 1996 SC 3261: 1996 LIC 1718, (1996) 88 FJR 602, (1996) I LLJ 1156, 1996 LLR 436 (SC). Regional Director, Employees' State Insurance Corporation, Trichur v. T.K. 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). - In these rules, unless there is anything repugnant in the subject or context,—. application no.32 of 1987, filed by the present respondent - shankar singh, h & f contractor, ..... employer or the immediate employer. Bangalore Turf Club Ltd. v. Regional Director, Employees' State Insurance Corporation, 2003 LLR 178: 2003-1 LLJ 73 (Karn HC). Incentive bonus paid to employees as per settlement will be 'wages' for ESI contributions and the periodicity of such payment will be immaterial. Employees State Insurance Act, 1948 | Employee's State Insurance Corporation, Ministry of Labour & Employment, Government of India Saraswath Films v. Regional Director, Employees' State Insurance Corporation, Triuchi, (2002) 3 LLJ 169: 2002 LLR 930 (SC). 34 of Year 1948, dated 19th. Employees' State Insurance Corporation v. Vijayamohini Mills, (1990) II LLJ 464: 1990 LLR 305: 1990 (1) LLN 902 (Ker HC). • Payment made to employees for working on holidays will attract ESI contributions as it will come within the purview of 'wages'. Shop Employing 20 or more persons. Transport Corporation of India v. Employees' State Insurance Corporation, 2000 LIC 203: AIR 2000 SC 238: (2000) 1 SCC 332: (2000) 1 LLJ 1: 2000 LLR 113 (SC). 235 per day, Rs. Employees' State Insurance Corporation v. Standard Pottery Works, (2001) 3 KLT 55: (2001) 2 KLT 258: 2001 LLR 1246 (Ker HC). • 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. Employees' State Insurance Corporation v. N. Arumugham, 1998 LLR 269 (Mad HC). Bharal Steel Industries v. Regional Director, Employees' State Insurance Corporation, Kanpur Nagar, (2001) 90 FLR 556, 2001 All LJ 2019, (2001) 3 LLN 874, 2001 LLR 1003 (All HC). E.K. M. Gopikrishnan v. Employees' State Insurance Corporation, (1997) 2 MLJ 205: 1997 (77) FLR 36 (Mad HC). Nagarjuna Grameena Bank v. Mandulla Beerappa, 2003 LLR 522 (AP HC). Regional Director, ESI Corporation, Bangalore v. Management of Shagil Precision India, 2009 LLR 72 (Karn HC). National India Rubber Works Ltd" through its Factory Manager, Katni v. Employees' State Insurance Corporation, through its Regional Director, Indore, 2007 LLR 993 (MP HC). Regional Director, Employees' State Insurance Corporation v. Madhavi Enterprises, Madras, 2009 LLR 17 (Mad HC). 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 Ltd., 2002 LLR 118 (Karn HC). 1.4 Literature Review This topic has been successfully dealt with by various eminent researchers, jurists and authors, The promulgation of Employees’ State Insurance Act, 1948 envisaged an integrated need based social insurance scheme that would protect the interest of workers in contingencies such as sickness, maternity, temporary or permanent physical disablement, death due to employment injury resulting in loss of wages or earning capacity. 1 K.C. 7. E.S.I Corporation (Rep. by its Regional Director) v. Bethall Engineering Company (rep. by Mrs. S.V. Sindhi Sehiti M.P. Insurance companies, agents and brokers are required to comply with these insurance laws. Vellipalaym Co-operative Milk Supply Society v. Regional Director, Employees' State Insurance Corporation, Madras, (2004) 2 CTC 494: (2004) 3 Mah LJ 315: (2004) II LLJ 885: 2004 LLR 887 (Mad HC). • The payment, as made by the directions of the government as interim relief while referring the dispute for adjudication, will be treated as 'wages' to attract ESI contribution. Employees' State Insurance Corporation v. Cheeran's Auto Agencies, (1992) 1 LLl 704: 1992 LLR 295 (Ker He). 523(e), dated the 18th june, 2010. 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. Regional Director, Employees' State Insurance Corporation, Madras v. Godrej Soaps (Pvt.) Bharat Heavy Electricals Ltd. v. ESI Corporation, 2008 LLR 562 (SC). It contains six kinds of ESI benefits that injured employees can avail. Employees' State Insurance Corporation, Pune v. Force Motors Ltd., (formerly known as Bajaj Tempo Ltd.), Pune, 2008 LLR 977 (Bom HC). Ltd., (1998) 1 sec 86: (1998) I LLJ 274: (1998) 1 Mah LJ 212: (]998) 2 MLJ 33: ]997 LLR 1097 (SC). 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). • 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. • Enhancing wage ceiling upto Rs. Premanandan, 2007 LLR 527 (Ker HC). 166. Puttathayamma v. Regional Director, Employees' State Insurance Corporation, 2000 LIC 2177: (2000) 86 FLR 101: (2000) II LL) 97: 1998 LLR 1159 (Kam HC). 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.” Ltd. Madras, 2006 LLR 1191 (Mad HC). Sri Krishna Spinning and Weaving Mills (Pvt.) Ambikanathan v. Employees' State Insurance Corporation, 1992 LIC 67: 1992 LLR 645 (Mad HC). • Expenses incurred by an employer for maintenance of office and incentive to dealers will not be 'wages' under EST Act. Wages for extra work done by the principal employer in respect... CHAPTER PENALTIES! ) 320 ( Kam HC ) • Insurance Court is empowered to order refund ESI! Llr 775 ( Kar HC ) employment in order to enable workers to them... 130 ( Ker HC ) under the Government may specifically notify as being covered Reliance. 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