Judgment Search Results Home > Cases Phrase: employees state insurance amendment act 2010 Page 1 of about 33,486 results (0.369 seconds)

Balaraj Jadhav & Ors. Vs.union of India & Ors.

Court : Delhi

..... in the year 2009, based on the recommendations of the esic, the ministry of labour and employment, government of india formulated proposals for comprehensive amendments to the esi act and introduced the employees state insurance (amendment) bill, 2009 which along with further amendments as suggested by the standing committee was passed by both houses of the parliament and received the assent of the president of india and was enacted as the employees state insurance (amendment) act, 2010 which came into effect from 1st june, 2010. ..... of any rules made by the central government in that behalf, the employees' state insurance fund shall be expended only for the following purposes, namely (i) payment of benefits and provision of medical treatment and attendance to insured persons and, where the medical benefit is extended to their families, the provision of such medical benefit to their families, in accordance with the provisions of this act and defraying the charges and costs in connection therewith; (ii) payment of fees and allowances to members ..... with the object of providing benefits to the employees in case of sickness, maternity and employment injury and to make provisions for matters in relation thereto, the legislature enacted the employees state insurance act, 1948 on the 19th of april 1948.3. .....

Present: Mr. Harkesh Manuja Advocate Vs. Baby and Others

Court : Punjab and Haryana

..... by the employees' state insurance (amendment) act, 2010 (18 of 2010) introduced on the statute book w.e.f.01st june, 2010 a right is conferred on the workman to claim compensation for injury and right on the claimants on account of death of the insured person/workman in accidents happening while commuting to the place of ..... this amendment to the esi act, mr.manuja is correct in his contention that the action brought before the commissioner workman's compensation was not maintainable since the action would lie before the employees' state insurance court ..... the claimants being compelled to present a fresh application before the employees' state insurance court to claim compensation it is found expedient to order the transfer of the judicial file from the board of the commissioner employee's compensation, sonepat and to direct transfer of that file to be placed before the competent authority under the employees' state insurance act exercising territorial jurisdiction over the area in which the death occurred ..... instituted before the employee's compensation commissioner, sonepat in which an objection was taken by the employer that the accident is not covered under the provisions of the employee's compensation act, 1923 in view of the statutory bar contained in s.53 of the employees' state insurance act, 1948. ..... before this court that the petitioner-company is covered by the provisions of the employees' state insurance act, 1948 and the workman was an 'insured person' covered by the act. .....

M/S. Omarkhayyam Bar and Restaurant Vs. Deputy Regional Director, Sub ...

Court : Mumbai Nagpur

..... section 2(12) of the state insurance act, as it stood prior to its substitution by the employees state insurance (amendment) act, 2010 (18/2010), with effect from 1.6.2010 reads as under: section 2(12) factory? ..... after considering the evidence available on record and hearing of both sides, the employees' state insurance court, nagpur, by its order passed on 31st july, 2004 dismissed the application, finding that even though during the relevant period there were less than 20 employees engaged by the appellant-establishment, on facts, it was established that it was a factory within the meaning of section 2 (12) of the state insurance act and as such it attracted the provisions of the state insurance act. 4. ..... the appellant, therefore, preferred an application before the employees' state insurance court at nagpur under section 75 of the state insurance act challenging the demand notes. 2. ..... thereafter, on 25.9.1993 he visited the establishment of the appellant and submitted his report stating that the establishment was covered under the provisions of the employees' state insurance act, 1948 (hereafter referred to as state insurance act?). ..... in the case of employees state insurance corporation, bangalore and bhagatram and sons, bangalore and another, reported in 2001iillj karnataka 973 referred to me by the learned counsel for the respondent, the karnataka high court has taken a view that the gas is also one of the forms of power within the meaning of state insurance act. 22. .....

Employees State Insurance Corporation. Vs. Ganpat Karshanbhai Parmar.

Court : Gujarat

..... the present appeal under section 82 of employees' state insurance act,1948, has been preferred by the appellant employees state insurance corporation challenging the impugned judgement and award dated 15/10/2010 passed by employees' state insurance court, ahmedabad (hereinafter referred to as "the esi court") in esi second appeal no.32/2009 as well as order dated 29/06/2009 passed by medical appellate tribunal, ahmedabad in mat appeal no.25/2009, by which, medical appellate tribunal has quashed and ..... before esi court and esi court by impugned judgement and award dated 15/10/2010 dismissed the said appeal confirming the judgement and order passed by medical appellate tribunal assessing disability of the workman at 15%.being aggrieved by and dissatisfied with the orders passed by the first appellate tribunal, ahmedabad as well as esi court in esi second appeal assessing disability of the workman at 15%, the appellant employees' state insurance corporation has preferred the present first appeal.4. ..... in view of the above and for the reasons stated hereinabove, there is no substance in the present appeal, which came to be dismissed and is accordingly dismissed.8. ..... draft amendment is allowed.2. .....

The Employees'state Insurance Corpn. and Ors. Vs. Timken India Ltd.

Court : Kolkata

..... ).for the purpose of convenience, the timken india ltd.is hereinafter referred to as the company/establishment whereas the employees state insurance corporation is referred to as corporation . ..... the writ petition no.531 of 2012 was preferred by the company on june 26, 2012 challenging the order dated february 6, 2012 principally on the ground that by reason of the amendment carried to section 45a of the 1948 act by inserting the second proviso thereto with effect from june 1, 2010, the corporation lost jurisdiction to pass order to recover earlier contributions/dues in respect of the period beyond five years from the date became due and payable. ..... the contention of the appellants is that the amendment to section 45a of the esi act w.e.f.01.06.2010 by insertion of second proviso thereto prohibits the corporation from determining the liabilities of the employer beyond five years from the date of contribution will not be applicable in the instant case. ..... per contra, learned counsel for the writ petitioner/respondent submitted that the corporation while passing the order dated february 6, 2012 was to be governed by the amended provisions of the second proviso to section 45a of the 1948 act which came into force from june 1, 2010 and is applicable to the period much beyond the year even in the midst of such a continuing proceeding. .....

The Paraur Handloom Weavers Co-op. Socie Vs. the Regional Director and ...

Court : Kerala

..... while ext.p1 was pending consideration, the second respondent initiated proceedings against the petitioner society under the provisions of the employees state insurance act which was challenged by the petitioner before this court in wpc no.4016/2011 wherein this court directed the government to pass orders on ext.p1 application within three months from that date and further proceedings ..... of 2011 --------------------------------------------- dated this the 19th day of february, 2014 judgment the petitioner has approached this court challenging ext.p7 order passed by the third respondent rejecting the application for exemption under section 87 of the employees state insurance act, 1948 for the period ranging from 1.10.2005 to 31.3.2010.2. ..... the petitioner society filed ext.p1 application dated 20.11.2008 seeking exemption under section 87 of the employees state insurance act for the period ranging from 1.10.2005 to 31.3.2010. ..... it was also pointed out in the counter affidavit that section 91a of the esi act was amended with effect from 1.6.2010 and there is no saving close to empower the state government to grant exemption with retrospective effect.4. ..... as rightly pointed out by the learned counsel for the respondent corporation as well as the learned senior government pleader, there is no saving clause in the amended act to empower the state government to grant exemption with retrospective effect in the case of the application received by it prior to 1.6.2010. .....

Standing Conference of Public Enterprises vs.govt. Of n.c.t. Of Delhi ...

Court : Delhi

..... government or in relation to an industrial dispute concerning a dock labour board established under section 5a of the dock workers (regulation of employment) act, 1948 (9 of 1948), or the industrial finance corporation of india limited formed and registered under the companies act, 1956 (1 of 1956) or the employees state insurance corporation established under section 3 of the employees state insurance act, 1948 (34 of 1948), or the board of trustees constituted under section 3a of the coal mines provident fund and miscellaneous provisions ..... it is important to note, here, that the above-extracted definition, of appropriate government , as contained in clause (a) of section 2 of the id act, was amended, by act 24 of 2010, by substituting the w.p. ..... the expression appropriate government was defined, in clause (a) of section 2 of the said act, in the following terms (till 2010 when it was amended): (a) appropriate government means-- (i) in relation to any industrial dispute concerning any industry carried on by or under the authority of the central government, or by a railway company or concerning any such controlled industry as may be specified in this behalf by the central .....

Hardt Vs. Reliance Standard Life Ins. Co.

Court : US Supreme Court

..... are: (1) the degree of opposing parties culpability or bad faith; (2) ability of opposing parties to satisfy an award of attorneys fees; (3) whether an award of attorneys fees against the opposing parties would deter other persons acting under similar circumstances; (4) whether the parties requesting attorneys fees sought to benefit all participants and beneficiaries of an erisa plan or to resolve a significant legal question regarding erisa itself; and (5) the relative merits of the parties ..... remedies, hardt sued respondent reliance, her employer s disability insurance carrier, alleging that it had violated the employee retirement income security act of 1974 (erisa) by wrongfully denying her benefits claim. ..... reliance standard life insurance company on writ of certiorari to the united states court of appeals for the fourth circuit [may 24, 2010] justice thomas delivered the ..... administers the plan, which is subject to erisa, but respondent reliance standard life insurance company decides whether a claimant qualifies for benefits under the plan and underwrites any ..... application included questionnaires completed by two of her treating physicians, which described hardt s symptoms and stated the doctors conclusion that hardt could not return to full gainful employment because of her neuropathy ..... reliance standard life insurance company on writ of certiorari to the united states court of appeals for the fourth circuit [may 24, 2010] justice stevens, concurring in part and ..... , as amended, 29 .....

Shabana Salahudheen Vs. Union Of India

Court : Karnataka

..... in the official gazette u/s 3 of the employees state insurance act, 1948 for the administration of the scheme of employees state insurance; this section makes the esi corpn a juristic person having perpetual succession; ; the act provides for certain benefits to the class of employees 17 who are covered by its fold; the short preamble to the act reads as under: an act to provide for certain benefits to employees in case of sickness, maternity and employment ..... the preamble to the act does not arise inasmuch as the courts are reluctant to allow a preamble to override or expand the scope and meaning of a provision which is plain and unambiguous vide bennion on statutory interpretation, section 247, (sixth edition, lexisnexis publication); b) section 59b introduced by the amendment act 18 of 2010 w.e.f. ..... 2010 enables the esi corporation to establish inter alia, the medical colleges with a view to improve the quality of services provided under the esi scheme; accordingly, the colleges have been established, is true; all they function on no profit & no loss basis, may not be much relevant; the contention of the learned panel counsel for the corpn that this section when read with the preamble of the act ..... ; the corpn can be represented only by the director general or his delegate, as provided by rule 16 of the employees state insurance (central) rules, 1950; delegation of this power by the director if it has prior approval of the standing committee, vide sub-rule (2); nothing is placed .....

Managements of Independents Cbse Schools Association Karnataka and Oth ...

Court : Karnataka

Reported in : 2012ILR(Kar)2664

..... petitions, the challenge is raised to the state governments notification, dated 16.3.2011 issued under section 1(5) of the employees state insurance act, 1948 (esi act for short) extending the operation of the esi act to the educational institutions in karnataka. 2. ..... the very purpose of introducing amendment to the esi act by act no.18 of 2010 is to cover more number of establishments at a short notice ..... the esi corporation and no prior approval of the central government, sri basavaraj contends that even assuming that such a consultation took place and the approval was obtained, it was prior to the amendment, which has come into force with effect from 1.6.2010, reducing the time-gap from six months to one month for notifying the intention. ..... that while reducing the threshold coverage for non-factory establishments, there is no need for the state government to approach the central government again for its approval, as the central government by its letter, dated 15.10.2010 has conveyed its general approval for the issuance of the notification by the state governments under section 1(5) of the esi act for reducing the threshold of coverage for non-factory establishments. ..... petitions are filed under articles 226 and 227 of the constitution of india praying to quash the second respondents notification dated 16.3.2011 published in the state gazette vide annexure c, and the fifth respondents consequential communication dated 13.5.2011 (amendment) inspn vide annexure-d and etc.) 1. .....