Court : Orissa
Reported in : 98(2004)CLT46; [2004(102)FLR705]; (2004)IIILLJ437Ori
..... das, j.this is an appeal by the employees state insurance corporation (hereinafter referred to as the 'corporation') under section 82(2) of the employees state insurance act, 1948 (in short the 'act') challenging the order passed by the district judge-cum-employees insurance court, sambalpur in misc. ..... it has also been well established that the employees' state insurance act, 1948 is a social security legislation and is required to be interpreted liberally for the benefit of the employees. ..... person employed for wages in or in connection with the works of a factory or establishment to which this act applies and : *** *** ***(iii)(b) any person so employed whose wages (excluding remuneration for overtime work) exceed such wages as may be prescribed by the central government:provided that an employee whose wages (excluding remuneration for overtime work) exceed such wages as may be prescribed by the central government at any time after (and not before) the beginning of the contribution period, shall ..... court while dealing with the above question raised by the appellant found that the reasoning given by the medical appeal tribunal is justified, as the wage was inclusive of other benefits including bonus and also fluctuates from month to month. ..... during treatment, nailing of bones of his right forearm was done and movement of his left arm was also considerably restricted due to the injuries sustained. .....
Tag this Judgment!Court : Orissa
Reported in : 76(1993)CLT893; [1994(68)FLR666]; (1994)IILLJ19Ori
..... short question that arises for consideration in this appeal is whether 'over-time allowance' paid to employees would be included in the definition of 'wages' in section 2(22) of the employees' state insurance act, 1948, for the purpose of the employer's contribution on the same. ..... as has been stated earlier, the concept of overtime work or payment for the same is derived from the provisions of the factories act and it is undisputed that neither the employer can force an employee to do overtime nor an employee can claim as of right to work overtime and claim remuneration for the ..... case (supra) as well as the decision of the karnataka high court in hind art press case, referred to supra, and after analysing the provisions of the act came to hold that the payment for overtime work is not a part of the contract and varies from time to time depending on as to how much overtime one ..... , of the rival contentions depends upon an interpretation of the expression 'wages' as defined in section 2(22) of the act and for better appreciation of the point in issue, the said provision is extracted hereinbelow in extenso:- '2. ..... rate, such expansive definition should be so construed as not cutting down the enacting provisions of an act unless the phrase is absolutely clear in having opposite effect... ..... my considered opinion, the learned judges of the bombay high court have thoroughly misconstrued the provisions and have not followed the rules of interpretation of statutes as discussed by me earlier. .....
Tag this Judgment!Court : Orissa
Reported in : (1992)IILLJ253Ori; 1991(I)OLR362
..... the facts stated in a nutshell are that certain dues were determined under section 45a by the petitioner under the employees' state insurance act, 1948 (hereinafter referred to as 'the e.s.i.act') as being payable by the opposite party no. ..... employees' state insurance corporation) once such a determination is made by the employees insurance court a dispute having been raised before it, both the corporation and the employer would be bound by the same subject to the decision reaching finality after appeal to this court. ..... 4 in respect of contributions of himself and employees, but since the dues remained unpaid they were purported to be collected as arrears of land revenue in accordance with the provisions of section 45b of the e.s.i. ..... 4 has been determined by the corporation, it has to be collected as provided under section 45b as arrears of land revenue and that in view of the provisions of section 75(3), ousting the jurisdiction of the civil court to determine such question, it must be held that the objection, as was raised by the opposite party no. ..... act and is only relevant so far as the question of punishment to be imposed or not for violation of the provisions of the e.s.i. .....
Tag this Judgment!Court : Orissa
Reported in : 1996(I)OLR243
..... mohapatra, j.1.this is an appeal under section 82 of the employees' state insurance act, 1948 (hereinafter referred to as the act ) which restricts interference only on a substantial question of law.2. ..... it is not in dispute that the appeal before the employees' state insurance court was filed beyond the period prescribed in rule 20-b. mr. ..... court is satisfied that the appellant has sufficient reason for not presenting the application within the said period this is provided in rule 20-8 of the employees state insurance ( general) rules, 1950.5. ..... respondent being an employee is entitled to the benefits under the act. on 1. 3. ..... 8.1978 remitted back the case to the medical board for fresh consideration. ..... court on remand that there was no sufficient reason to entertain the appeal before it, is a question of fact, there is no scope for me to interfere with the same in exercise of the appellate power under section 82 of the act.9. ..... limitation for preferring an appeal is three months from the date of the order of the medical appeal tribunal. ..... the respondent preferred an appeal before the medical appeal tribunal. ..... the medical board gave a report on 6.10.1969 that the left thumb has not been affected. .....
Tag this Judgment!Court : Orissa
Reported in : 74(1992)CLT280; (1993)ILLJ465Ori; 1992(II)OLR257
..... this appeal purporting to be one under section 82(2) of the employees' state insurance act, 1948 by the insured person, is directed against the order of the district judge, cuttack exercising powers of an employees' insurance court under the act.2. ..... in the case at hand the appeal before the court was admittedly under section 54-a(2) of the act read with rule 20-d of the employees' state insurance (central) rules, 1950. ..... this has been so stated in regional director, employees state insurance corporation v. ..... employees' state insurance corporation, 1964-i-llj-725 (all) relying on a decision of the federal court and i respectfully agree with the same. ..... the learned counsel for the petitioner urged that the court below has made an incorrect interpretation of the provisions contained in section 75(2-a) of the act and having not afforded opportunity to the appellant to adduce evidence to disprove the conclusions of the medical board and the medical appeal tribunal, the case should be remanded for fresh hearing. ..... after such long treatment, on march 3, 1983 the professor prescribed glasses for the appellant.4. .....
Tag this Judgment!Court : Orissa
Reported in : 1993(II)OLR490
..... this is an appeal under section 82(2) of the employees' state insurance act (hereinafter referred to as 'the act') against the judgment of the insurance court, cuttack in insurance misc. ..... the question whether the employees of the samaj would be the employees of the satyabadi press and, therefore, would be governed by the provisions of the act was to be determined on the application filed by the satyabadi press itself investing the jurisdiction of the insurance court under section 75(1) and that application has been disposed of which is under challenge in the present appeal. ..... their lordships of the supreme court repelled the argument on behalf of the management that the person employed in a managerial or administrative capacity being covered by the working journalists (conditions of service) and miscellaneous provisions act, 1955 will not be covered by the employees state insurance act and held the effect of one act, namely, employees state insurance act cannot be controlled by the provisions of another act, namely, the working journalists (conditions of service) and miscellaneous provisions act unless the provisions in one have bearing on the provisions of the other. ..... benefits tike sickness, cash benefit, maternity benefit, disablement and dependnt's benefit, medical care and treatment at different hospitals and dispensaries are some of the benefits conferred upon an workman covered under the act,6. .....
Tag this Judgment!Court : Orissa
Reported in : (1998)ILLJ776Ori
..... petitioner calls in question legality of determination of contribution payable as made by deputy regional director of employees' state insurance corporation, orissa (in short, the corporation) under section 45a of the employees' state insurance act, 1943 (in short, the 'act')2. ..... a bird's eye view of some pivotal provisions would suffice to deal with rival submissions.section 1 (4) of the act envisages that the act shall apply, in the first instance, to all factories (including factories belonging to the government) other than seasonal factories. ..... of the claim or question before the employees' insurance court, that court shall direct the corporation to have the question decided by this act and shall thereafter proceed with the determination of the claim or question before it in accordance with the decision of the medical board or the medical appeal tribunal, as the case may be, except where an appeal has been filed before the employees' insurance court under subsection (2) of section 54-a in which case the employees' insurance court may itself determine all the ..... 'principal employer' is defined in section 2(17) to mean inter alia, so far as a factory is concerned the owner occupier of the factory and 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 the factories act, 1948, the person so named. .....
Tag this Judgment!Court : Orissa
Reported in : (1996)ILLJ1115Ori; 1995(I)OLR13
..... an appeal under section 82 of the employees' state insurance act, 1948 (hereinafter referred to as 'the act') filed by orient paper mills challenging the validity of the order passed by the district judge-cum-employees' insurance court arising out of a petition filed under section 75 of the act for certain declarations ..... appellant is engaged in manufacturing of paper and paper board and is covered under the employees' state insurance scheme in respect of its workers/employees of muster roll and there is no dispute regarding their coverage, contribution or any ..... by the supreme court in regional director, employees' state insurance corporation, madras v. ..... section (2) of section 82 of the act states that an appeal shall lie to the high court from an order of employees' insurance court, if it involves substantial question of law which means that this court while exercising the appellate power under section 82 of the act cannot interfere with the finding of fact based on appreciation of evidence recorded by the insurance ..... employees insurance court, (1978-i-llj-1) that an employee although may be working within the factory or out-side the factory or may be employed for administration or for purchase of raw materials or for sale of the finished goods, he is included within the definition of 'employee' in section 2(9) of the act.the evidence of pw 3, the deputy forest manager of the forest organisation clearly goes to establish that this organisation (forest organisation) is a part and parcel .....
Tag this Judgment!Court : Orissa
Reported in : 2001(II)OLR600
..... order to appreciate the contentions raised, a few relevant provisions of the employees state insurance act, 1945 (hereinafter called 'the e.s.i. ..... sub-section (17) of section 2 has defined a principal employer as under:'section 2(17) 'principal employer' means- (i) in a factory the owner or occupier of the factory and 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 the factories act, 1948 (63 of 1948) ..... law, reasonableness and the principle of natural justice was duly complied with, whether the action of the state or the public authority was done in safeguarding and with due regard to the public interest, whether the state or the public authority granted equal treatment and made a fairplay in the whole of the transaction, whether the state or the public authority acted mala fide in dealing with the subject and whether deviation, if any, made is illegal or irregular. ..... but does not include)] (a) any member of (the indian) naval, military or air forces; or (b) any person so employed whose wages (excluding remuneration for overtime work) exceed (such wages as may be prescribed by the central government) a month; provided that an employee whose wages including remuneration for overtime work exceed (such wages as may be prescribed by the central government) a month at any time after (and not before) the beginning of the contribution period, shall continue .....
Tag this Judgment!Court : Orissa
Reported in : 71(1991)CLT811; (1992)ILLJ182Ori
..... prayer is that they should be allowed exemption from the provisions of the employees' state insurance act, 1948 (shortly 'the act'). ..... this is done, it would be open to the government to decide whether to grant any exemption, and if so, whether from one or more provisions of the act as contemplated by section 91 of the act. ..... that this decision has been arrived at by the government without giving a proper hearing to the petitioners. ..... the question be decided by the government after hearing all the aforesaid parties. ..... as the government is called upon while deciding the question of exemption to examine whether the benefits provided by the employer are substantially similar or superior to the benefits provided under the act, we are of the view that it would be only just and proper to give a hearing to satisfy the mind of the ..... das, learned additional government advocate, for the opposite parties ..... advocate, to section 89 of the act which visualises that before granting any exemption, a reasonable opportunity has to be given to the corporation to make any representation if it may wish in regard to the ..... of justice if along with the corporation, both the employer and the lathikala mazdopr union, and for that matter, any other union in existence, are heard in the matter, and we would direct the government to do so. ..... merely because section 89 is silent about giving a hearing to the employer, it cannot be inferred as a matter of course that no hearing is to be given to the employer under any .....
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