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R.K. Patel and Co. and anr. Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Labour and IndustrialCivil

Acts : Constitution of India - Articles 32, 136, 226 and 227; Employees' State Insurance Act, 1948 - Sections 1(3), 1(4), 1(5), 2(1), 2(12), 38, 40, 75, 87 and 91A; Mines Act, 1952; Factories Act, 1948

Reported in : 2007(6)ALLMR914; 2008(2)BomCR322; (2008)IILLJ211Bom; 2008(1)MhLj942

a railway running shed.Sub-section (14AA) provides that:2(14AA) 'manufacturing process' shall have the meaning assigned to it in the Factories Act, 1948 (63 of 1948).Sub-section (38) reads as under:Section 38 contemplates that:38. All employees to be insured.--Subject to the provisions … that by virtue of notification issued on 15-1-1982, in exercise of powers conferred under Section 87 read with Section 91A of the E.S.I. Act, the Government of Maharashtra was pleased to exempt the establishments which are undertaking manufacturing

Mangesh G. Salodkar Vs. Monsanto Chemicals of India Ltd. and ors.

Court : Mumbai

Subject : Service

Acts : Insecticides Act, 1968; Factories Act, 1948 - Sections 41E and 91; Income Tax Act, 1961; Constitution of India - Articles 21, 39, 41, 42, 43 and 226

Reported in : 2007(2)BomCR883

disposal of hazardous residue. According to the Petitioner, the plant was not designed to the specifications of the Factories Act, 1948 or the Insecticides Act, 1968. Ventilation and exhaust systems were poor and the mixing of chemicals was carried … appointment of Safety Officers under Section 40B and for the conduct of safety and occupational health surveys in Section 91A. Detailed provisions have been made for the appraisal of hazardous processes, the disclosure of information by occupiers, provision

Deputy Regional Director, Employees' State Insurance Corporation Vs. N ...

Court : Mumbai

Subject : ServiceCivil

Acts : Employees' State Insurance Act, 1948 - Sections 1(5), 75, 82(2), 87 and 91A

Reported in : 2005(1)ALLMR80; [2005(105)FLR1118]; (2005)IIILLJ71Bom

9, 1990, issued under Section 1(5) of the E.S.I. Act, exempted the factories mentioned in the Schedule from operation of the Act retrospectively from the … it was held that the respondent/original applicant, Industry/Factory is exempted from the provisions of the Employees' State Insurance Act, 1948 (for short 'E.S.I. Act'), and therefore, not liable to pay contribution under the Act. Therefore, this appeal under … Mantralaya, Bombay, SIA 7290/1624/Lab-4, dated November 29, 1990 in exercise of powers conferred by Section 87 read with Section 91A of the Act, whether the exemption granted to adjacent factory will ipso facto exempt the respondent/factory from operation

Employees State Insurance Corporation and ors. Vs. Jardine Henderson S ...

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Employees State Insurance Act, 1948 - Sections 1(4), 2(9), 26, 28, 39, 68, 87, 88 to 91A; Employees State Insurance (Central) Rules, 1950 - Rules 50, 51 and 54; Constitutional of India - Articles 32, 136, 141, 142 and 226

Reported in : AIR2006SC2767; [2006(110)FLR820]; [2006(4)JCR171(SC)]; JT2006(6)SC530; (2006)IIILLJ468SC; 2006(7)SCALE346; (2006)6SCC581

01.01.1997 to 30.09. The order reads as follows:In exercise of the power conferred by Section 88 read with Section 91A of the Employees' State Insurance Act, 1948 (34 of 1948) the Central Government hereby exempts the regular employees … filed a writ petition in the High Court praying for their exemption from the provisions of the ESI Act, 1948. That pursuant to an order dated 07.09.2004 passed by the High Court, the Government of India, Ministry of

M/S.Bhagheeratha Engineering Ltd. vs State of Kerala

Court : Kerala

reads as under:“87. Exemption of a factory or establishment or class of factories or establishments The appropriate government may, by notification in the Official Gazette … came to be passed, whereby the petitioner’sapplications for seeking exemption from the applicability of the provisions of ESI Act, 1948 had been rejected.6. Learned counsel for the petitioner submits thatthe applications for exemptions were filed by the employer … provided any documentary proof. Further, the petitioner cannot claim exemption effectively from 2005 onwards, in the light of Section 91A of the ESI Act. Considering the aforesaid statutory prescription and the facts of the case, I do not

Central Cottage Industries Corporation of India Ltd vs.employees State ...

Court : Delhi

Subject : Land Acquisition

the enactment and its sub-section (4) provides as under:-"“(4) It shall apply, in the first instance, to all factories (including factories belonging to the Government) other than seasonal factories: Provided that nothing contained in this sub-section shall … Corporation (ESIC), on the other hand, is a statutory authority established by Section 3 of Employees State Insurance Act, 1948 (ESI Act) with the responsibility of “administration of scheme of Employees State Insurance” in accordance with the provisions … power to grant such exemption under the various provisions (Sections 87 to 91A) having been conferred upon the “appropriate government”. Section 87 and Section 90,

Employees of National Textile Corporation (Apkkandm) Ltd. Vs. Regional ...

Court : Karnataka

Subject : Insurance

Acts : Employees' State Insurance Act, 1948 - Sections 2, 2(9), 88 to 90 and 91A

Reported in : ILR1992KAR852

Corporation along with such contribution collected repeating the employees of the NTC (APKK & M) Ltd., in its Factories or Mills till the year 1985, is admitted. Application respecting which the order under Appeal is made, is … (APKK & M) Limited, Bangalore (for short 'the Employees Union'), under Section 82(2) of the Employees' State Insurance Act, 1948 (for short 'the ESI Act'), against the order dated 6.1.1991 made by the Employees' State Insurance Court (for … 1985, when its application for claiming exemption under Sections 88, 90 and 91A of the ESI Act respecting the office employees of the NTC (APKK

Consulting Engineering Services (India) Pvt. Ltd. Vs. the Chairman, Es ...

Court : Delhi

Subject : Labour and Industrial

Acts : Employees State Insurance Act, 1948 - Sections 82, 75, 39, 40, 87, 88, 89, 91A; Indian Penal Code (IPC) - Section 406

the application of the ESI Act for the purpose of definition of such application is relateable only to factories and establishments where either manufacturing process goes on or where the business of selling and purchase takes place … 1. The present appeal filed under Section 82 of the Employees State Insurance Act, 1948 is directed against the judgment and order dated 15.02.2002 passed by the learned Senior Civil Judge, ESI Court, … the ESI coverage under the provisions of Section 87, 88, 89 and 91A of the ESI Act. Thereafter petitioner filed CW No.5374/97 in this Court

Uttar Pradesh Rajkiya Nirman Nigam vs.employees State Insurance Corpor ...

Court : Delhi

Subject : Land Acquisition

called the Employees’ State Insurance Act, 1948. ….. (4) It shall apply, in the first instance, to all factories (including factories belonging to the Government) other than seasonal factories. ….1. Short title, extent and application.-. [(1) This … undertaking, no registration is required. Reliance is placed on Section 1 sub-section 4 of the Employees’ State Insurance Act, 1948. Additionally, Mr. Sengh submits that the petitioner was found successful for the tender floated in the year 2018 … of the ESI Act has to be read with Section 90 and 91A, which we also reproduce below: “1. Short title, extent, commencement and application.

Esi Corpn. Vs. Kerala Solvent Extractions Ltd.

Court : Kerala

Subject : MRTP

establishment, for determination of the sum, allegedly, due from it towards omitted contribution payable under Employees State Insurance Act, 1948 (for short, 'the Act') as barred by limitation, is challenged in the appeal.2. Alleging that respondent had defaulted … since it has not been spelt out so in Section 45A of the Act. Reference is made to Section 91A of the Act where it has been specifically stated that the amendment made to that section has got