Court : Chennai
Reported in : (1993)ILLJ760Mad
..... brief facts leading to this appeal are : the respondent has filed the petition under section 75 of the employees' state insurance act, 1948, for declaration that the provisions of the employees' state insurance act, 1948, are not applicable to the petitioner on the following grounds : the petitioner is a department of oxford university in the united kingdom. ..... ali mohammed, learned counsel appearing for the appellant, would submit that the petitioner is part of the oxford university but yet on that ground the petitioner is not exempted from the operation of the employees' state insurance act, 1948, that the activities of the petitioner bring it within the fold of 'shop' which has been brought in by notification no. g.o. ms. no. ..... giridhara rao further submitted that in bombay and calcutta and other cities where the petitioner is having similar establishments, the provisions of the employees' state insurance act, 1948, are not made applicable and so in madras also the provisions of the employees' state insurance act, 1948, should not be made applicable. ..... the respondent had decided about the coverage of the petitioner-establishment under the employees's state insurance act, 1948, only on the inspection report submitted by the inspector, after his inspection on march 1, 1978, which shows that 53 employees were employed in the madras branch of the petitioner and they were engaged in selling activities within their premises to the public. .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)ILLJ453Bom; 1973MhLJ1037
..... employees' state insurance act, 1948 (34 of 1948), hereinafter referred to as the insurance act ..... 2(22) of the employees' state insurance act, 1948 includes all the payments made for overtime work and, if so, is the employer's special contribution ..... 2(22) of the insurance act, which is as follows : '(22) 'wages' means all remuneration paid or payable in cash to an employee, if the terms of the contract of employment, express or implied, were fulfilled and includes any payment to an employee in respect of any period of authorised leave, lock-out, strike which is not illegal or lay-off and other additional remuneration, if any, paid at intervals not exceeding two months, but does not ..... . 2(22) of the insurance act takes in all remuneration which is paid to an employee in cash, if the terms of the contract of employment ..... . 2(22) of the insurance act that the payment which is made to the employee for overtime work is only in the nature of remuneration which is paid to him for the overtime work which he does, apart from the fact that this is made ..... is necessary to refer to another relevant provision which is to be found in chapter va of the insurance act under which the liability for the employer's special contribution is being enforced. ..... what is covered by the first part of the definition of 'wages' is only the basic wages which are paid to the employee, which meant, according to him the normal wages, which in the instant case were fixed under the provisions of the minimum wages act, 1948. .....
Tag this Judgment!Court : Mumbai
Reported in : (1999)IIILLJ1369Bom
..... from the petitioner-society as arrears of land revenue, as provided in section 45-b of the employees' state insurance act, 1948 (hereinafter referred to as act of 1948) r/w section 5 of the revenue recovery act, 1890. ..... section 45-b of the employees' state insurance act, 1948.2. ..... the petitioners state that they employ about 900 employees who are engaged in various activities and these employees are covered by the employees' state insurance act and that there is, no dispute whatsoever between the petitioners and the ..... by the way, the petitioners have also brought to the notice of the director general, employees' state insurance corporation, new delhi, that statutory auditor of the co-operative department of the government of maharashtra, who audited the accounts of the ..... have brought this fact to the notice of the director general, employees' state insurance corporation, new delhi, by their letter dated april 3, 1987. ..... mirchandani deputy regional director, employees' state insurance corporation has filed affidavit in reply and thereby denied the averments made by the petitioners in the ..... the regional director, employees' state insurance corporation, trichur : (1989 ..... had filed appeal against the decision of respondent to the director general, employees' state insurance corporation, new delhi. ..... to the features pointed out above we are inclined to confer with the decision, of the division bench of andhra pradesh reported in the case of employees state insurance corporation, hyderabad v. .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)ILLJ1085Bom
..... an attempt is made that there are not more than ten employees so as to make the appellants contribute under the employees' state insurance act, 1948 ..... held to be a person responsible for the supervision and control of the establishment and, secondly, form o-1 was obtained by inspector nair by suggesting answers to queries which, when extracted, brought the firm within the fold of the employees' state insurance act, 1948. 13 ..... decision cannot help the appellants in the present case for finally i will have to find out as to what is the position available to the firm and the department based upon the provisions of the employees' state insurance act, 1948. ..... the department, the employees' state insurance act is applicable to the appellant firm on the ground that the operation carried out at sal curti in ponda taluka is a factory within the meaning of the act, the process involved is a manufacturing process and the total number of employees employed at a time were to the tune of sixteen and hence the liability to contribute under the act. ..... learned counsel for the respondents, that the decision of anant saji is not available to the appellants nor can it be imported in the matter of understanding what is a manufacturing process as envisaged under the factories act, which has been imbibed in the employees' state insurance act. ..... this context, it is necessary to see what is a factory and for that matter what is a manufacturing process within the meaning of the employees' state insurance act. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(3)ALLMR887; [2004(102)FLR754]; (2004)IIILLJ415Bom; 2004(3)MhLj102
..... 43/86, under section 75 of the employees state insurance act, 1948 (hereinafter referred to as the 'said act, 1948' for short), in the court of learned insurance court at bombay, against the present appellant and the tahsildar for recovery of ..... 'employees state insurance act, 34 of 1948 -- section 85-b of the said act, 1948. ..... the learned insurance court, bombay, by an impugned order, has reduced an amount of damages levied by the regional director, employees' state insurance corporation, bombay to the tune of ..... the regional director, employees state insurance corporation on receipt of the said reply, directed the respondent ..... regional director employees state insurance corporation, reported in 1982 lic ..... employees state insurance court, bombay (hereinafter referred to as the 'insurance court' for the sake of brevity), dated 17-12-1988 in application (e.s.i.) ..... regard, reference also can be made to the judgment of the learned single judge of this court in the matter of employees' state insurance, bombay v. ..... employees' state insurance corporation ..... director, however, recorded the finding that so far as the letter of the state government dated 5-1-1980 is concerned, it makes a request of treating the unit sympathetically for payment of dues in suitable instalments and the regional director held that said recommendation has no relevance for the reason that the matter before him is under section 85-b of the said act, 1948 for levying the damages on account of delayed payment of contribution. .....
Tag this Judgment!Court : Karnataka
Reported in : II(1998)ACC252; [1998(79)FLR524]; (1999)ILLJ687Kant
..... application no.32 of 1987, filed by the present respondent - shankar singh, h & f contractor, hubli, under section 75 of the employees' state insurance act, 1948, for setting aside the order dated november 2, 1987, and praying in the application that it should be held that the provisions of the act and the rules and regulation thereunder do not apply and did not apply to the applicant, that is, the present respondent, in the ..... far as the first question of law is concerned, it may be mentioned here that in view of the notification issued by the government under sub-section (5) of section 1 of the employees' state insurance act, 1948 (act 34 of 1948), hotels, restaurants, shops, road motor transport establishments, cinemas, including the preview theatres, as mentioned in para 3 of the notification, if those establishments are having 20 or more persons on their establishment, the act had been made applicable to those establishments as well. ..... scope and jurisdiction of this court in appeals under section 82 of the employees' state insurance act is confined to substantial question of law, as per section 82(2) of the employees' state insurance act, 1948. ..... 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. ..... 'immediate employer' has been defined under section 2, sub-section (13) of the employees' state insurance act, 1948, and it reads as under : 'section 2(13). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998VAD(SC)588; AIR1998SC2676; 1998(2)ALD(Cri)322; 1998(4)ALLMR(SC)389; 1998(2)ALT(Cri)316; [1998]94CompCas75(SC); 1998CriLJ4027; JT1998(5)SC233; (1998)IILLJ794SC; 1999(1)M
..... term 'principal employer' has been defined in section 2(17) of the employees' state insurance act, 1948 as follows :-'2(17): 'principal employer' means:-(i) in a factory, the owner or occupier of the factory includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier, and where a person has been named as the manager of [the factory under factories act, 1948] (63 of 1948); the person so named: (ii) ....................................... ..... even if we read the definition of 'principal employer' under the employees' state insurance act, 1948 in explanation 2 to section 405 of the indian penal code, the directors of the company, in the present case, would not be covered by the definition of 'principal employer' when the company itself owns the factory and is also the employer of its employees at the head office.11. ..... the provisions of section 40 of the employees state insurance act, 1948, the 'principal employer' is required to pay, in respect of every employee, whether directly employed by him or by or through an immediate employer, both the employer's contribution and the employee's contribution. ..... [24] l and i cases 52, this court held that the directors of a private limited company were not personally liable to pay contributions under the employees' state insurance act, 1948. ..... , however, contends that explanation 2 to section 405 of the indian penal code should be read in the light of the employees' state insurance act, 1948. .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003(96)FLR39]; RLW2003(2)Raj1225; 2002(4)WLC106; 2002(5)WLN595
..... field extends to conferring the benefit to all the employees which are considered employees under section 2(9) of the employees' state insurance act, 1948 which reads as under :-2(9) 'employee' means any person employed for wages in or in connection with the work of a factory or establishment to which this act applies and- (i) who is directly employed by the principal employer on any work of, or incidental or preliminary to or connected with the work of, the factory or establishment, whether such work is done by the employee in the factory or establishment or elsewhere; or(ii) who is employed ..... shah that scheme of factories act, 1948 is vitally different from the scheme of employees state insurance act, 1948 and the operation of e.s.i. ..... in these two appeals, by notification dated 14th march, 1985 issued by the central government the provisions of employees state insurance act, 1948 (hereinafter called 'the e.s.i. ..... 155/2001, which arose under employees state insurance act, 1948 in respect of an order passed by e.s.i. ..... connected sub-stations and other ancillary establishments are to be considered as one unit, was arrived at by the learned judges when construing the expression 'employee' under section 2(9) of the employees' state insurance act, 1948. ..... such a premises constituted a factory within the meaning of section 2(12) of the employees' state insurance act, 1948. .....
Tag this Judgment!Court : Rajasthan
Reported in : (2003)ILLJ104Raj
..... shah that scheme of factories act, 1948 is vitally different from the scheme of employees' state insurance act, 1948 and the operation of ..... act, the operative field extends to conferring the benefit to all the employees which are considered employees under section 2(9) of the employees' state insurance act, 1948 which reads as ..... two appeals, by notification dated march 14, 1985 issued by the central government the provisions of employees' state insurance act, 1948 (hereinafter called 'the e.s.i. ..... appeal no 155/2001, which arose under employees' state insurance act, 1948 in respect of an order passed by ..... court holding the power stations or generating stations and connected sub-stations and other ancillary establishments are to be considered as one unit, was arrived at by the learned judges when construing the expression 'employee' under section 2(9) of the employees' state insurance act, 1948. ..... 2(9)(i) if it is in connection with the work of the factory and none of them is employed in any separate establishment unconnected with the work of the factory, all workers of disputed categories, whether they work in factory or elsewhere, are employees within the meaning of section 2(9)(i) of the employees' state insurance act, 1948. ..... on the premises more than 20 persons were working and no part of the premises was used for purposes unconnected with the manufacturing processes, such a premises constituted a factory within the meaning of section 2(12) of the employees' state insurance act, 1948. .....
Tag this Judgment!Court : Chennai
Reported in : (2003)IIILLJ416Mad; (2003)2MLJ349
..... in the light of the statutory provisions of the employees' state insurance act, 1948 and the factories act, 1948, coupled with the factual details available in the case on hand, we do not want to take a different view than that taken by the district judge, and hence we are in agreement with the conclusion arrived at by the learned ..... it is further stated that on receipt of the said notices, the appellant sent a reply stating that it is a society and not an industry, that no manufacturing process is being carried out and that the persons working in the society are not employees within the meaning of section 2(9) of the employees' state insurance act, 1948 (hereinafter referred to as 'the act'). ..... section 2(9) of the employees' state insurance act, 1948 reads thus: 'section 2(9) 'employee' means any person employed for wages in or in connection with the work of a factory or establishment to which this act applies and-... ..... , reported in wherein this court, while considering certain provisions of the employees' state insurance act, 1948, has held that if there is systematic economic or commercial activity, it will be shop within the meaning of section 1(9) of the act. 9. in e.k. ..... b) whether in the absence of any transformation of a new product from the milk preserved by the appellant-society, can the appellant-society be termed as 'factory' in which manufacturing process is undertaken so as to attract the provisions of the state employees' state insurance act, 1948. 5. .....
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