Employees State Insurance Act 1948 Section 54a References To Medical Boards And Appeals To Medical Appeal Tribunals And Employees Insurance Courts - Judgment Search Results
Home > Cases Phrase: employees state insurance act 1948 section 54a references to medical boards and appeals to medical appeal tribunals and employees insurance courts Page 1 of about 614,155 results (0.491 seconds)Dattaram Advertising Pvt. Ltd. Vs. Regional Director Maharashtra Emplo ...
Court: Mumbai
Reported in: 1986(2)BomCR512; (1986)88BOMLR348; (1987)ILLJ9Bom; 1986MhLJ646
of the C.G.H.S. prompted the Central Government to make the Employees' State Insurance Scheme more wide-based.8. As is usual with the by the Government of Maharashtra and as such the Employees' State Insurance Act, 1948 applies to it. On this basis the impose on the employer and employee a compulsory contract of insurance. Even if this act was not on the statute book were of the opinion that the benefits provided by the act should not be confined to workmen only but should be place in them and that the Employees' State Insurance Act, 1948 is applicable to such establishments. One may have no quarrel reasons of the amending act 53 of 1951 after making reference to the fact that the act permits implementation of the All India Cadre and have to depend upon the State medical service personnel for manning their posts. As the emoluments and would not accept such a concept.12. As a result, the appeal succeeds with costs and settings aside the order of the the Company files the present appeal.4. The decision of this appeal veers round a question whether the office premises of an and settings aside the order of the Employees' State Insurance Court, Bombay it is declared that the applicants' establishment is not
Tag this Judgment! Ask ChatGPTEmployees' State Insurance Corporation Vs. Rasu Tools Ltd.
Court: Andhra Pradesh
Reported in: 1999(5)ALD303; 1999(5)ALT105; [2000(85)FLR202]; (2000)ILLJ372AP
October, 1987, as the petitioner never employed 20 or more employees and the factory became coverabte under the Act from October, more persons, is not correct and the submission of the statement inForm OI is binding on the petititioner-factory. It is further obtained OI form from the Managing Director stating that the Insurance scheme would be more beneficial to the factory even though 19 89 before the Court under Section 85 of the Act. At that stage, the petitioner approached the Court disputing the the same by producing necessary registers, etc., in terms of Section 44 read with Regulations 11, 12 and 32 of the Employees State Insurance Corporation, is the appellant in the above appeal, which was filed against the judgment of the Employees Insurance actual payments assessed by the Corporation.12. In the result, the appeal is allowed without costs. said case and therefore, he sought for interference of this Court.3. The brief facts of the case are that the petitioner
Tag this Judgment! Ask ChatGPTSmt. Puttathayamma and Others Vs. the Regional Director, Employees' St ...
Court: Karnataka
Reported in: [2000(86)FLR101]; ILR2000KAR1481; 2000(3)KarLJ546
rules made by the Central Government in that behalf, the Employees' State Insurance Fund shall be expended only for the following Reethammal, 1996-III-LLJ-47 and Smt. Harjinder Kaur and Others v Employees' State Insurance Corporation, Amritsar. It is strange that the Corporation which factors, the very object of the constitution of Employees' State Insurance would be rendered otiose.5. The philosophy behind, the ESI scheme employment injury is defined at Section 2(8) of the E.S.I. Act. It reads as under:'2(8) 'Employment injury' means a personal injury benefits of the provisions of the Employees' State Insurance Act, 1948 hereinafter referred to as the E.S.I. Act. Invoking Section 52 is not legally correct.7. Alternatively, temporary disablement is defined at Section 2(21) of the Act as follows:'2(21) 'Temporary disablement' means a 51(c) of the Act (vide the deposition of R.W. 1 referred to above). That is the evidence tendered by the E.S.I. inflicted the sickness/injury upon himself outside the course of employment. Medical science reveal that an injury to the heart which can date of death of the deceased worker tilt payment. The appeal is disposed of as above. the benefits that they are entitled to in law. The appeal has therefore to be succeeded.8. The E.S.I. Corporation is to functions. Death in similar circumstance was interpreted by various High Courts as to be due to employment injury which construction was
Tag this Judgment! Ask ChatGPTRegional Director E. S. I. Corporation Vs. Parasnath Shivbaran and Ano ...
Court: Mumbai
Reported in: (1997)IIILLJ785Bom
by the workman Parasnath Shivbaran under Section 54-A of the Employees' State Insurance Act, 1948. 2. At the relevant time, the the workman Parasnath Shivbaran under Section 54-A of the Employees' State Insurance Act, 1948. 2. At the relevant time, the Respondent order, dated February 9, 1988 passed by the Employees' State Insurance Court at Bombay in Appeal (E.S.I.) No. 3 of 1985 Parasnath Shivbaran under Section 54-A of the Employees' State Insurance Act, 1948. 2. At the relevant time, the Respondent No. 1 Shivbaran under Section 54-A of the Employees' State Insurance Act, 1948. 2. At the relevant time, the Respondent No. 1 was said decision shall have relevance to the present case also. Section 53 of the Act provides that an insured person shall of his left hand had their normal movements. 5. After referring to the several judgments of several High Courts as well his earning capacity. 4. Being aggrieved by the order of Medical Appellate Tribunal, the Respondent No. 1 preferred Appeal (E.S.I.) No. of Respondent No. 1 workman at 25%. The Medical Appellate Board revised the decision of the Medical Board and fixed permanent 1. The Employees' State Insurance Corporation, Bombay has preferred this appeal against order, dated February 9, 1988 passed by the Employees' by post with an international to the effect that the appeal is dismissed. The appellant is directed to pay the necessary capacity. 4. Being aggrieved by the order of Medical Appellate Tribunal, the Respondent No. 1 preferred Appeal (E.S.I.) No. 3 of 5. After referring to the several judgments of several High Courts as well as the judgment of the Supreme Court in
Tag this Judgment! Ask ChatGPTEmployees' State Insurance Corporation, Bangalore Vs. Bhagatram and So ...
Court: Karnataka
Reported in: [2001(91)FLR520]; ILR2001KAR4089; 2001(4)KarLJ384; (2001)IILLJ973Kant
aid of power, automatically the establishment is covered under the Employees' State Insurance Act for the purpose of payment of contribution. of power, automatically the establishment is covered under the Employees' State Insurance Act for the purpose of payment of contribution. It power, automatically the establishment is covered under the Employees' State Insurance Act for the purpose of payment of contribution. It is aid of power is liable to fall under the E.S.I. Act. Therefore, the impugned order of the E.S.I. Courtsetting aside the shed'. 8. So also, Section 2(m) of the Factories Act, 1948 reads thus:'2(m) 'Factory' means any premises including the precincts thereof- various kinds of equipments.The World Book Encyclopaedia'. 14. That apart, Section 2(g) of the Factories Act, 1948 defines 'Power' as follows:'2(g) which is now questioned by the E.S.I. Corporation in this appeal.3. Learned Counsel Smt. Geeta Papanna, appearing for the E.S.I. Corporation aside the order of the E.S.I. Court by allowing the appeal.4. On the other hand, learned Counsel for the respondent vehemently the E.S.I. Act. Therefore, the impugned order of the E.S.I. Courtsetting aside the order passed under Section 45-A of the E.S.I.
Tag this Judgment! Ask ChatGPTP.B. Krishnankutty Nair Vs. the Regional Director, Esi Corpn. and anr.
Court: Supreme Court of India
Reported in: 2008ACJ1721; AIR2008SC1726; 2008(2)CTC681; [2008(117)FLR562]; [2008(3)JCR72(SC)]; JT2008(4)SC547; 2008(2)KLT6239(SC); (2008)IILLJ997SC; (2008)4MLJ477(SC); (2008)152PLR390; 2008AIRSCW2373; AIR2008SC1726; 2008(7)SCC450; 2008LABIC2591; 2008ACJ1721; 2008-II-LLJ-997; 2008(4)KCCRSN314.
justified under the Act.2. Aggrieved by the order of the Employees Insurance Court, the Corporation preferred an appeal before the High of the injuries that he had suffered. In the counter statement filed by the Corporation, it was pointed out that the was not entitled to any benefit towards disability. The Employees Insurance Court in its order dated 14th November 1991 examined the determining the eligibility for the payment of insurance under the Act was that a person was required to be an employee examined the various provisions of the Employees State Insurance Act 1948 (hereinafter called the 'Act') and in particular the definition of 'insured person' in Section 2(14) of the Act and to Section 46 which talks about the benefits for an insured person benefit);(e) medical treatment for an attendance on insured persons (hereinafter referred as to medical benefit; and (f) payment to the eldest in case of his sickness certified by a duly appointed medical practitioner [or by any person possessing such qualifications and experience in this situation that the matter is before us in appeal at the instance of the employee.3. Certain facts are admitted sent by the employer respondent No. 2 in the present appeal to the respondent Corporation. The Corporation however refused to treat the Act.2. Aggrieved by the order of the Employees Insurance Court, the Corporation preferred an appeal before the High Court of
Tag this Judgment! Ask ChatGPTCommon Cause Vs. Union of India and anr.
Court: Delhi
Reported in: 1998IVAD(Delhi)83; 73(1998)DLT451; 1998(45)DRJ630
Director, Mr. H.D. Shourie, espousing the case of six retired employees of Eicher Tractors and their spouses for grant of medical all employees contribute for availing the benefits. 13. The Employees State Insurance Act was enacted in 1948 to provide certain benefits employees contribute for availing the benefits. 13. The Employees State Insurance Act was enacted in 1948 to provide certain benefits to thereof, entitled to any of the benefits provided by this Act; Section 56 of the Act lays down conditions for eligibility persons who were covered under the Employees State Insurance Act, 1948 (for short 'the Act') and who superannuated from insurable employment Once the Act has been extended to a factory/establishment under Section 1(3) or Section 1(5) all employees who fulfill the requirements being eligible for an insured person and his spouse for medical benefits on attaining the age of superannuation. Rule 61 reads factors including inflation and for the purposes of the present petition the amendment in 1992 increasing wage limit to Rs.3,000/- is
Tag this Judgment! Ask ChatGPTDeputy Regional Director Vs. Mr. Virgilio Velho
Court: Mumbai
Reported in: 2000(1)BomCR471; (2000)IILLJ355Bom
disclose that the persons working at the counters are the employees of the respondent within the meaning of section 2(9)(ii) of by the employees of all the electrical contractors can be stated to be work ordinarily part of the work of the respondent?7. The perusal of the impugned judgment discloses that the Insurance Court has arrived at the following findings:-(1) The persons working meaningful 'supervision' as envisaged under section 2(9) of the said Act. There was no dispute in the said case that the passed under section 45-A of the Employees' State Insurance Act, 1948 (hereinafter called as 'the said Act') on 17-4-1986. By the no provision in the said Act on pan materia with section 103 of the Code of Civil Procedure. The appeal under of the witnesses. Moreover, the impugned judgment does not disclose reference to the above material facts on record. Besides, the appellant in the name of the respondent. There are no separate Boards for individual counters. The testimonies of all the witnesses disclose of Civil Procedure Code are not attracted in cases of appeals under the said Act and, therefore, the scope of enquiry the appellant dated 17th April 1986 to be confirmed.19. The appeal, accordingly, succeeds. The impugned judgment and order is hereby quashed L.I.C. 1644 and of the Division Bench of Calcutta High Court in the matter of Shalimar Rope Works Ltd. and another
Tag this Judgment! Ask ChatGPTAssociated Electrical Agencies Vs. Commissioner for Workmen's Compensa ...
Court: Mumbai
Reported in: 1994ACJ1078; 1995(2)BomCR82; (1994)96BOMLR39; [1995(70)FLR749]; (1995)ILLJ368Bom; 1995(1)MhLj379
3,000/-. The counsel urged that discrimination is made even between employees drawing wages below Rs. 3,000/- per month. The submission is Attorney General tendered affidavit sworn by Deputy Regional Director, Employees' State Insurance Corporation, and the affidavit sets out that the present provisions of ESI Act to confer social security and social insurance upon the employees, but it was not permissible for the Full Bench held that the employee had a cause of action. The Full Bench then observed that the legislation was undertaken old. 2. The Legislature enacted the Employees' State Insurance Act, 1948 (for short 'the ESI Act') to provide for certain benefits the Workmen's Compensation Act is clearly bared in view of Section 53 of the ESI Act. The contention was controverted on employment injury beyond what is provided under ESI Act. A reference was made to some of the observations in the decision in respect of employment injuries as well as maternity benefits, medical benefits to the dependants and such object is clearly subserved of the ESI Act was challenged. In some of the appeals, notice was issued to the Attorney General as vires of the provisions of any other enactment.' The controversy in this appeal is whether Section 53 of the ESI Act deprives an can be held as arising out of or in the court of his employment within the meaning of Section 2(8) of
Tag this Judgment! Ask ChatGPTNew India Assurance Co. Ltd. Vs. Abhilash Jewellery
Court: Supreme Court of India
Reported in: AIR2009SC1827; 2009(2)SCALE1; (2009)2SCC661; 2009AIRSCW1424
National Commission has also relied on the definition in the Employees State Insurance Act and some other enactments.6. We are of Commission has also relied on the definition in the Employees State Insurance Act and some other enactments.6. We are of the word 'employee' has not been defined in the contract of insurance, we have to give it the meaning which it has same meaning as in the Kerala Shops and Commercial Establishments Act or the Employees State Insurance Act or any other enactment.7. been extended.8. Legal fictions are well-knwon in law. For example, Section 43(3) of the Income Tax Act defines 'plant' to include ORDER1. Heard learned Counsel for the parties. This appeal has been filed against the order of the National Consumer we set aside the order of the National Commission.12. The appeal is allowed. No orders as to costs.
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