Judgment Search Results Home > Cases Phrase: employees state insurance act 1948 chapter i preliminary Page 1 of about 681 results (0.084 seconds)

G.A. Purushotham Vs. E.S.i. Corporation

Court : Karnataka

Reported in : ILR1993KAR651; 1993(1)KarLJ397; (1993)IILLJ283Kant

..... for two months for the offence punishable under section 85(e) of the employees' state insurance act, 1948 (hereinafter referred to as 'the act'). ..... by the trial court pertaining to these cases the order relating to this point is as follows : 'the complainant has filed this complaint against the accused persons noted above for an offence punishable under section 85(e) of the employee's state insurance act, 1948. ..... in fact, in some of the cases, where the improper taking of cognizance of the offences was challenged by the petitioners against whom violation of provisions of the employees' state insurance act was alleged, this court had remanded to trail court such cases with a direction to take cognizance of the offence in accordance with law and thereafter proceed in the said case. ..... 1192 of 1988 against the petitioner alleging that he has violated the provisions of the employees' - state insurance act by not filing returns in time. ..... broadly speaking, when receiving a complaint, the magistrate applies his mind for the purposes of proceeding under section 200 and the succeeding sections in chapter xv of the code of 1973, he is said to have taken cognizance of the offence within the meaning of section 190(1)(a). ..... whether the magistrate has or has not taken cognizance of the offence will depend on the circumstances of the particular case including the mode in which the case is sought to be instituted and the nature of preliminary action, if any, taken, by the magistrate. .....

Anand Kumar Bindal Vs. Employees' State Insurance Corporation and Ors. ...

Court : Allahabad

Reported in : AIR1957All136

..... to pay certain sums of money under chapter v-a of the employees state insurance act of 1948 (hereinafter called the act). ..... of australia, and i hold that the special contribution payable by an employer under chapter va of the employees' state insurance act is a tax.20. ..... employees' state insurance act became law on the 19th april, 1948 ..... and claims, chapter vii with penalties and chapter viii with other miscellaneous matters.25. ..... whose functions have been separately defined.chapter iii deals with finance and audit and it provides for the creation of a fund known as 'employees' state insurance fund' and lays down the purposes for which the fund is to be expended: chapter iv deals with contributions by the employers and the employees; chapter v deals with the benefits which the employees, who are injured under the act, are to receive and certain general matters; chapter vi deals with adjudication of disputes ..... chapter i of the act deals with preliminary matters, chapter ii deals with the establishment of a corporation known as 'employees state insurance corporation' which has been made a .....

Employees' State Insurance Corpn., Madras Vs. Shanmugha theatres, Coim ...

Court : Chennai

Reported in : 1997(2)CTC725; (1998)IMLJ89

..... employees' state insurance act, 1948 (act 34 of 1948) (hereinafter referred to as the act) was enacted by the dominion legislature and was assented to by the governor general of india on april 19, 1948 ..... employees' state insurance act, 1948 (act 34 of ..... question of maintainability of the letters patent appeal under clause 15 of the letters patent against the order passed by the learned single judge of this court in an appeal filed under section 82 of the employees' state insurance act. ..... 257 of 1986, apart from raising the lea of maintainability under clause 15 of letters patent, another objection has also been raised by the counsel for the respondent stating that the appellant/employees' state insurance corporation has not obtained leave to prefer the above appeal from the learned single judge in pursuance of rule 28 of the appellate side rules, since it is a question of law of public importance, we issue ..... raising an objection about the maintainability of the letters patent appeals under clause 15 of the letters patent and that the learned counsel for the respondent intends to raise the above issue as a preliminary issue by virtue of section 82 of the employees' state insurance act. ..... of the civil court manual published by the madras law journal, it is found that chapters 1, 2, 3 and 8 of the act came into force on september 1, 1948 in all the provinces in india and section 77 to 79 and 81 of chapter 6 came into force in the whole of india except jammu and kashmir on september 1, .....

The Employees' State Insurance Corporation Vs. Shanmugha theatres and ...

Court : Chennai

Reported in : (1998)1MLJ89

..... employees state insurance act, 1948 (act 34 of 1948)(hereinafter referred to as the act) was en-acted by the dominion legislature and was assented to by the governor general of india on 19.4.1948 ..... appeal under clause 15 of the letters patent of the high court is competent against the judgment of a learned single judge of the high court rendered under section 82 of the employees' state insurance act, 1948 (act 34 of 1948), we therefore hold that all these l.p. as. ..... the letters patent appeal under clause 15 of the letters patent against the order passed by the learned single judge of this court in an appeal filed under section 82 of the employees state insurance act. ..... plea of maintainability under clause 15 of the letters patent, another objection has also been raised by the counsel for the respondent stating that the appellant/employees state insurance corporation has not obtained leave to prefer the above appeal from the learned single judge in pursuance of rule 28 of the appellate ..... maintainability of the letters patent appeals under clause 15 of the letters patent and that the learned counsel for the respondent intends to raise the above issue as a preliminary issue by virtue of section 82 of the employees state insurance act. ..... civil court manual published by the madras law journal, it found that chapters 1, 2, 3 and 8 of the act came into force on 1.9.1948 in all the provinces in india and sections 77 to 79 and 81 of chapter 6 came into force in the whole of india except jammu and .....

The Employees' State Insurance Corporation and Anr. Vs. the Tata Engin ...

Court : Supreme Court of India

Reported in : AIR1976SC66; (1976)ILLJ81SC; (1975)2SCC835; 1975(7)LC879(SC)

..... employee' under the 'employees' state insurance act, 1948 that is the question raised in this appeal by certificate under article 133(1)(a) & (b) of the constitution from the judgment of the patna high court by which it refused to interfere with the order of the industrial tribunal passed under section 73b of the employees' state insurance act, 1948 (briefly the act ..... under section 2(8) under the industrial disputes act, 1947, the very following year while passing the employees state insurance act, 1948, it did not choose to include apprentice while defining the word 'employee' under section 2(9) of the employees state insurance act, 1948. ..... now coming to the legislative history of our country on the subject, it is interesting to note that more than hundred years back we had the apprentices act, 1850 and its preamble says 'for better enabling children, and especially orphans and poor children brought up by public charity, to learn trades, crafts ..... reads as follows: 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 work of the factory or establishment, whether such word is done by the employee in the factory ..... be governed by the act and the appellants claim for charging the company with liability for payment of special contribution under chapter of the act in respect of the .....

K.P. Misra Vs. State of Rajasthan

Court : Rajasthan

Reported in : (1993)IILLJ1123Raj; 1993(1)WLC692

..... it is further submitted that since the petitioner is doing job, which is ministerial in nature, he is not covered by the definition of term 'employee' as contained in sub-section (9) of section 2 of the employees state insurance act, 1948 (for short, 'esi act'). ..... 1, has raised, a preliminary objection to the effect that under the provisions of sections 74 and 75 of the esi act, such an objection could be raised and decided by the employees insurance court (for brevity, 'eic'), which is established under the statute. ..... if, during this period, the petitioner files the dispute before the employees insurance court, he shall be at liberty to make prayer for fresh stay order and such an application shall be disposed of on merits by the said court, in accordance with law. ..... it is pointed out that, even though the petitioner has filed this writ petition in individual capacity, but this represents the interest of all ministerial staff employees, who are holding the posts of ldc, udc, junior accountants, accountants and other ministerial cadre working in the office of respondent no.2.3. mr. j.p. ..... the employees insurance court has been constituted under section 74 of the esi act. ..... in view of the clear provisions mentioned above, the preliminary objection raised on behalf of respondent no.2 is upheld and the writ petition is dismissed, as not maintainable. ..... it may be pointed out that chapter vi of the esi act deals with adjudication of disputes and claims. .....

Employees State Insurance Corporation Vs. Abu Marble Mining Private Li ...

Court : Mumbai

Reported in : 1992(3)BomCR616

..... shri jaykar has invited my attention to the scheme of the provisions of the employees' state insurance act, 1948 and has contended that in view of the evidence on record, there is no manner of doubt whatsoever that in the present case the third type of activity referred to as the third kind of order received by the respondent-company, involved the work done by the employees of the company. ..... this appeal raises an important question of law as to the interpretation of the provisions of the employees' state insurance act, 1948 (in short 'the said act'). ..... before adverting to the rival contentions on the interpretation of section 2(9) of the said it is necessary to bear in mind the social background behind the enactment of the employees' state insurance act, 1948. ..... 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 by or through an immediate employer on the premises of the factory or establishment or under the supervision of the principal employer or his agent on word ..... there is a chapter prescribing penalties; there is an adjudicating machinery and there are other policing process for the smooth working of the begin project envisaged by the act. .....

Sen-Raleigh Ltd. Vs. Employees' State Insurance Corporation and Ors.

Court : Kolkata

Reported in : AIR1977Cal165,[1977(34)FLR292]

..... the regional director, west bengal region employees' state insurance corporation) we have held that where the head office and the factory are situate at different places the employees in the head office who are engaged in any type of work specified in section 2(9) of the employees' state insurance act, 1948, as it now stands, are 'employees' within the meaning of the act. ..... this shows that on the 1st september, 1948, chapters i, ii, iii and viii of the act became applicable to all factories throughout india irrespective of location. ..... on the 1st september, 1948, chapters i, iii and viii of the act came into force in all the provinces in india. ..... to fix or, as the case may be, the extent to which the percentage already fixed is to be varied, provided further that the employers' special contribution in the case of factories or establishments situate in any area in which the provisions of both chapters iv and v are in force shall be fixed at a rate higher than that in the case of factories or establishments situate in any area in which the provisions of the said ..... the headings of these chapters respectively are (a) preliminary, (b) corporation, standing committee, and medical benefit council (c) finance and audit and (d) miscellaneous. .....

Holy Family English Medium L.P. School and Others Vs. Employees State ...

Court : Kerala

..... hence section 2(9) of the employees state insurance act defining the term employee is reproduced below: 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, or 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 or through an immediate employer, on the premises of the factory or establishment or under the ..... that apart, the term work exists in the wider definition of the term employee under section 2 (f) of the employees provident funds and miscellaneous provisions act, which includes a teacher as well and in turn incorporated under clause 35 of chapter vii of annexure i affiliation-bye laws produced by the appellants themselves in the insurance appeal 48 of 20.14, insisting to provide for epf scheme/pension. ..... state of haryana [(1996) 4 scc 225] with reference to section 2 (i) of the minimum wages act 1948, holding that teacher would not come within the purview of the said act and as such, the state government, in exercise of its powers under the said act, is not entitled to fix minimum wages for teachers . .....

The Employees' State Insurance Corpn. Vs. Fariyaz Hotels Pvt. Ltd.

Court : Mumbai

Reported in : (1987)89BOMLR571; (1989)ILLJ356Bom

..... corrigendum notification dated february 1, 1975 instead of the areas set out in column 2 of the schedule to the notification dated november 7, 1974, the following was substituted :'all areas of the state where chapters iv and v of the employees' state insurance act, 1948 are in force. ..... on august 13, 1970, the regional director of the employees' state insurance corporation informed the company that the kitchen attached to the hotel and the restaurant stood covered under the provisions of the employees' state insurance act, 1948 (hereinafter referred to as 'the act') with effect from july 1, 1970 and the company should furnish the requisite information in ..... merit in the submission because the provisions of some other statute cannot be imported for ascertaining true scope and ambit of section 1(5) of the act and it also cannot be overlooked that the object of the minimum wages act was different from the object of the employees' state insurance act.before concluding with this aspect of the matter, it is necessary to point out that the state government has issued notifications from time to time extending the provisions of the ..... claimed that the impugned notification was published by the state government without consultation with the employees' state insurance corporation and, therefore, the provisions of section 1(5) of the act are violated.the state of maharashtra was joined as respondent no. ..... the letter further sets out the preliminary steps that will need to be taken before .....