Judgment Search Results Home > Cases Phrase: employees state insurance act 1948 section 58 provision of medical treatment by state government Page 1 of about 798 results (0.164 seconds)

Dr. Nanigopal Ghose Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1970Cal1

..... the corporation is called the employees' state insurance corporation and section 3 of the employees' state insurance act, 1948 hereinafter referred to as the said act enacted the establishment of the corporation and further enacted that the corporation shall be a body corporate known by the name of employees' state insurance corporation having perpetual succession and a common seal and shall by the said name sue and be sued. ..... it will also appear from section 28 in the act of 1948 that the purposes for which the fund might be spent were inter alia on account of payment of fees and allowances to members of the corporation and the payment of salaries, leave and joining allowances and also the payment to the medical practitioners in connection with the provision of medical treatment and attendance of insured persons. ..... in the present case section 58 of the act enacts that the government shall provide for insured persons reasonablemedical, surgical and obstetric treatment such provision cannot be said to be synonymous with appointment of medical practitioners as employees of the state. ..... the contentions on behalf of the appellant with regard to the appellant holding a civil post were based on sections 3, 4, 21, 57, 58, 92, 95 and 96 of the employees' state insurance act, 1948 and rules 4, 8 and 9 of the west bengal employees' state insurance rules and paragraphs 7 and 11 of the first schedule to the rules and paragraph 6 of schedule 3 to the rules. .....

Swaransing Laxmansing Vs. Bombay Garage (Ahmedabad) Ltd., Ahmedabad an ...

Court : Gujarat

Reported in : AIR1962Guj33; (1961)0GLR649

..... patwari drew our attention to the provisions of the employees' state insurance act, 1948. ..... section provides as under:--'no employer ' shall dismiss, discharge, or reduce or otherwise punish an employee during the period the employee is in receipt of sickness benefit or maternity benefit, nor shall he, except as provided under the regulations, dismiss, discharge or reduce or otherwise punish an employee during the period he is in receipt of disablement benefit for temporary disablement or is under medical treatment for sickness or is absent from work as a result of illness duly certified in accordance with the regulations to arise out of the pregnancy or confinement rendering the employee ..... in that case the provisions of section 240 of the government of india act, 1935, came up for consideration. ..... even in the provisions corresponding to section 240, government of india act, 1935, in the constitution of india, article 311 makes a distinction between dismissal from service and removal from service.10. mr. ..... the termination of his service must be taken as a dismissal or removal from service or the reversion to his substantive rank must be regarded as a reduction in rank and if the requirements of the rules and article 311, which give protection to government servant have not been complied with, the termination of the service or the reduction in rank must be held to be wrongful and in violation of the constitutional right of the servant. .....

Employees' State Insurance Corporation and Ors. Vs. the Workmen of ITi ...

Court : Karnataka

Reported in : ILR1997KAR1433

..... , and in the connected writ petitions filed by others under article 226 of the constitution, constitutional validity of section 2(9)(b) of the employees' state insurance act, 1948 ('act' for short) as amended by act 29 of 1989, and the validity of rule 50 of the employees' state insurance (central) rules, 1950 ('rules' for short), together with rules 51 and 54 thereof, as amended by the employees' state insurance (central)(second amendment) rules, 1996 under notification dated 23.12.1996, are questioned.2. ..... according to the said provision, the insured or a member of his family whose condition requires medical treatment and attendance become entitled to receive the medical benefit. ..... that the course adopted by the legislature in dealing with the welfare schemes has uniformly conformed to the same pattern and the legislature evolves a scheme of social and economic welfare, makes elaborate provision in respect of it and leaves it to the government concerned to decide when, how and in what manner the scheme should be introduced.from the above, we conclude that there is no substance in the arguments that just because, on earlier occasions, the parliament retained .....

Baby Devananda D (Minor) Thr Her Mother Deepa S and Anr vs.employees S ...

Court : Delhi

..... in exercise of the power conferred under section 97 sub section 1 of the employees state insurance act, 1948 (34 of 1948), the employees state insurance corporation, do hereby notify regulation 96c further to amend the employees state insurance (general) regulations, 1950 and is hereby published under section 59a of the said act. ..... the employees state insurance (general) regulations, 1950, a new regulation 96c shall be inserted as under: regulation regulation96 referreal for super specialty treatment to tie-up hospitals and expenditure to be incurred by employees insurance corporation directly state subject to the provisions of the act and the regulations, the corporation or state government may refer a beneficiary to any tie- up arranged medical facilities, where cost of such facility is borne directly by the corporation and where the fund permits; an insured person should have completed a minimum of six months of insurable employment ..... the following draft regulations further the employees state insurance (general) regulations, 1950, which the employees state insurance corporation purposes to make in exercise of the powers conferred under sub- section (1) of section 97 of the employees state insurance act, 1948 (34 of 1948), is hereby published under 59a of the said act for information of all persons likely to be affected thereby and notice is hereby given that the said draft regulations will be taken into consideration after expiry of a period of thirty days from the date on .....

Master Harsha d.s. (Minor) Through His Father Shankarappa d.s. And Anr ...

Court : Delhi

..... in exercise of the power conferred under section 97 sub section 1 of the employees state insurance act, 1948 (34 of 1948), the employees state insurance corporation, do hereby notify regulation 96c further to amend the employees state insurance (general) regulations, 1950 and is hereby published under section 59a of the said act. ..... the employees state insurance (general) regulations, 1950, a new regulation 96c shall be inserted as under: regulation regulation96 referreal for super specialty treatment to tie-up hospitals and expenditure to be incurred by employees insurance corporation directly state subject to the provisions of the act and the regulations, the corporation or state government may refer a beneficiary to any tie- up arranged medical facilities, where cost of such facility is borne directly by the corporation and where the fund permits; an insured person should have completed a minimum of six months of insurable employment ..... the following draft regulations further the employees state insurance (general) regulations, 1950, which the employees state insurance corporation purposes to make in exercise of the powers conferred under sub- section (1) of section 97 of the employees state insurance act, 1948 (34 of 1948), is hereby published under 59a of the said act for information of all persons likely to be affected thereby and notice is hereby given that the said draft regulations will be taken into consideration after expiry of a period of thirty days from the date on .....

National Jute Manufacturing Corporation National Employees Union and o ...

Court : Kolkata

Reported in : [1995(70)FLR758],(1995)ILLJ1089Cal

..... the question raised in this writ application is whether the employees represented by the petitioners should be governed by the provisions of the employees' state insurance act, 1948, or whether they should continue to enjoy the medical and other benefits which had been granted by njmc to these employees all along.3. ..... (v) if there were any difficulty in construing clause 3(b)(iv) of medical treatment and attendance rules that along with other disputes raised by the petitioners were to be resolved by the labour court or the national tribunal under section 36-a of the industrial disputes act, 1947. ..... primary and basic issue which is to be determined is the question of the applicability of the act itself to the employees of njmc.section 1(4) of the employees' state insurance act, 1948, reads as follows:'1(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 subsection shall apply to a factory or establishment belonging to or under the control of the government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this .....

Lark Laboratories(India) Ltd. Vs. Govt. of Nct of Delhi Through Its Se ...

Court : Delhi

Reported in : 132(2006)DLT128; [2006(111)FLR867]; (2007)ILLJ72Del

..... the principles governing the grant of exemptions under section 87 and 88 of the employees state insurance act, 1948 have been under consideration in consultation with the ministry of labour and ..... the petitioner had been applying for exemption from april, 1995 onwards regularly and has been waiting for the decision of the government on the application and thereforee it had not deposited esi contributions in relation to these employees for whom exemption was sought, otherwise the petitioner was covered under esi act and had been complying with the provisions of esi act and had been depositing contribution for rest of the ..... you are, thereforee, requested to comply with the provisions of esi act and obtain insurance numbers of the employees from the employees state insurance corporation so as to make them eligible for the benefits of the ..... as regards exemption under section 90 of the act to the factories/establishments belonging to the government or a local authority, the same shall continue to be dealt with under the provision of this section which lays down that exemption under this section can be considered if the employers of such factory or establishment are in receipt of benefits substantially similar or superior to the benefits provided under the esi act.receipt of this may please ..... (4) medical treatment under the scheme of employer should be available to the workers as well as their family members irrespective of the fact whether the employees are permanent, temporary or casual .....

Ramchand Onkarlal Agarwal Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 2006(5)BomCR884; (2006)IIILLJ441Bom; 2006(4)MhLj339

..... 23/2613-10- allotted to the petitioner.petitioner has also incidentally challenged notification (annexure-b) applying various provisions of employees' state insurance act, 1948, extended to kamptee municipal limits and cantonment limits within which area petitioner's factory is located, and the date has been appointed for effecting the application ..... of events shows that soon after application of employees' state insurance act to kamptee area, the petitioner has submitted an application under section 87 of the employees' state insurance act to the state government and claimed exemption. ..... section 58 - provision of medical treatment by state government (state government to provide reasonable medical treatment, surgical and obstetric ..... corporation.the bombay employees' state insurance (medical benefits) rules, 1954.rules 3, 3a, 3b, 12, 14 and 15 are germane.section 61 provides for bar of benefits under other enactments. ..... s-38013/20/82-h1, dated 28-5-1982 issued by the central government vis-a-vis the bidi industry in general and the petitioner in particular as violative of articles 14 and 19(1)(g) of the constitution of india;(iii) strike down the amended definition of 'factory' under section 2(12) of the insurance act, 1948 vis-a-vis the bidi industry in general and the petitioner in particular being un-constitutional and in violation of articles 14 and 19(1)(g) of the constitution of india;(iv) issue a writ of certiorari to quash the impugned notice dated 22-3-1991 - (annexure .....

Common Cause Vs. Union of India and anr.

Court : Delhi

Reported in : 1998IVAD(Delhi)83; 73(1998)DLT451; 1998(45)DRJ630

..... under the employees state insurance act, 1948 (for short 'the act') and who superannuated from insurable employment in which they were engaged till superannuation, would be entitled to medical benefits under the act and the employees state insurance (central) ..... the present questions and the issue involved in the present petition, certain provisions of the act and the rules may be reproduced as under :- section 2 sub-section (9) of the act reads as under: '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- (i) who is directly employed by the principal employer on any ..... not sustained such permanent disablement; provided also that an insured person, who has attained the age of superannuation, and his spouse shall be eligible to receive medical benefit subject to payment of contribution and such other conditions as may be prescribed by the central government; explanationn - in this section, 'superannuation', in relation to an insured person, means the attainment by that person of ..... insured person' or where such medical benefit is extended to his family, a member of his family, whose condition requires medical treatment and attendance, shall be entitled to receive medical benefits for a period of three months provided that where such a person continues for three months or more to be an employee of a factory or establishment to which the act applies, he shall be entitled to medical .....

The Management of the Tata Iron and Steel Co. Ltd. Vs. Chief Inspectin ...

Court : Supreme Court of India

Reported in : 2005(1)BLJR460; 2005(3)ESC458; [2005(104)FLR329]; [2005(2)JCR171(SC)]; JT2005(11)SC449; (2005)ILLJ722SC; (2005)9SCC605

..... pointed out above, it is under the obligation of the appellant management to subscribe for the employees under the employees state insurance act, 1948 by making contribution. ..... since they were not subscribing contribution because they obtained exemption under section 87 of the e.s.i.act, 1948 as they run the hospital for the benefit of the employees , the exemption was granted to them till 1996 but subsequently that exemption ..... were made at the private hospital for beds; it provided accommodation and medical treatment in greater privacy than would be possible in a general hospital. ..... the said case also it was held that the respondent which was running an educational institution in which the appellant was employed, being not an establishment, the application under section 26(2), before the labour court against the appellant made by the respondent was incompetent and it was observed that running of the educational institution will not be covered by the establishment ..... (2) notwithstanding anything contained in this act, the provisions thereof specified in the third column of the schedule shall not apply to the establishment, employees and other persons referred to in the corresponding entry in the second column; provided that the state government may, by notification, add to, omit or alter any of the entries in the schedule in respect of one or more areas of the state and on the publication of such notification, the entries in either column of the schedule shall be deemed to be amended .....