Judgment Search Results Home > Cases Phrase: employees state insurance amendment act 2010 section 4 amendment of section 10 Page 1 of about 85,205 results (1.577 seconds)

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

Court : Kerala

..... the said direction, the third respondent heard the matter on 14.6.2011 and rejected ext.p1 application on the ground that there is no provision in the employees state insurance act for granting exemption with retrospective effect. it is in this context, the petitioner has come up before this court.3. the respondent corporation filed a ..... and circumstances of the case. 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. arguments have been heard.5. the petitioner as per ext.p1 ..... 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. evidently, ext.p1 application .....

The Branch Manager Vs. Tmt.Rahmath

Court : Chennai

..... provision of payment of funeral expenses of rs.1,000/-, in addition to the amount of compensation under the act, has also been provided by section 4 of the amending act 30 of 1995. therefore, a sum of rs.1,000/- is awarded towards funeral expenses. therefore, the total quantum of compensation payable would be rs.3,95 ..... of the vehicle. so, this respondent had a doubt, whether the alleged driver was an employee of the first respondent as on date 27.06.1997." when the insurance company has contended that as the owner has not intimated the incident to the insurance company, and consequently there is a doubt regarding the employment of the deceased with the ..... for compensation (due to the accident involving that vehicle) is to be sustained?10. section 165(1) of the motor vehicles act confers the power on the state government to constitute one or more motor accidents claims tribunals by notification in the official gazette for such area as may be specified in the notification. such tribunals are .....

The Branch Manager the New India Assurance Co.Ltd. Vs. Smt M. Lalitham ...

Court : Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad

..... . in consideration of the payment of an additional premium as stated in the schedule, it is hereby understood and agreed that notwithstanding anything contained herein to the contrary the company shall indemnify the insured against his legal liability under the workmens compensation act, 1923 and subsequent amendments of that act prior to the date of this endorsement, ..... had rejected the similar claim in f.a.no.273 of 2010, royal sundaram alliance insurance company ltd and others vs konduru lakshmi and others decided on 28-07-2011 wherein it was held that the legal heirs of the deceased employee have to proceed under the provisions of the workmens compensation act . it was held ..... therein that the liability of the insurance company arises in terms of section 4 of the policy for personal accident of owner when he .....

Kerala Forest Research Institute represented by its Registrar Vs. DR. ...

Court : Kerala

..... act. the learned single judge ought to have found that the appellants cannot be forced to make payment of contribution of a premium to the insurance company towards payment of gratuity to the employees over and above what is the maximum permissible as per section 4(3) of the act. the learned single judge erred in holding that council ..... learned single judge has rightly observed that till the relevant rule i.e., rule 14 is not amended in accordance with the procedure prescribed in the rules, no such restriction can be imposed by the state government in payment of gratuity to the retiring employees of the council. 61. in view of the foregoing discussions we are of the view that ..... r.59, even in cases where the societies have entered into arrangement with the l.i.c. to have their liability for payment of gratuity to its employees insured as per the "employees group gratuity life assurance scheme" of the l.i.c, as per which more amounts than the statutory maximum payable as per s.4(3) of the .....

Central Cottage Industries Corporation of India Ltd vs.employees Sta ...

Court : Delhi

..... india and is functioning under the control of ministry of textiles. the respondent employees state insurance corporation (esic), on the other hand, is a statutory authority established by section 3 of employees state insurance act, 1948 (esi act) with the responsibility of administration of scheme of employees state insurance in accordance with the provisions of the said law. fao no.495/ ..... to any factory or establishment belonging to the government , the reference to a factory or establishment controlled by a government having been omitted. the corresponding amendment to section 1(4), by insertion of proviso, clearly demonstrates that in the case of establishment passing the muster of the said provision, there ..... need not be an occasion to seek exemption under section 90 inasmuch as by virtue of the amended provision of section 1 (4), the law contained in esi act would not even apply in the first instance to such a factory or establishment, provided, of course, it is .....

Kerala Educational Society Vs. the State of Kerala and Others

Court : Kerala

Reported in : 2011(4)KLJ271; 2011(4)KLT318

..... societies act, 1955. it is running schools and creches in different parts of the state of kerala. when the employees state insurance corporation (hereinafter referred to as the corporation for short) initiated proceedings against the petitioner society under the provisions of the employees state insurance act, 1948 (hereinafter referred to as the act for short), the petitioner filed ext ..... not been specifically indicated. the petitioner has sought exemption with retrospective effect without specifying the period of exemption. 5. as per section 91a of the esi act, 1948, as amended by the act 18 of 2010, which came into force w.e.f. 1.6.2010, exemption can be granted only with prospective effect. since ..... date, anterior in point of time, to the application for exemption itself. in other words in view of the stipulations in section 91 a as amended, an order of exemption cannot take effect from a date earlier than the date of the application. in the instant case the government appears to have .....

R.C.C.(Sales) Private Limited and Ano Vs. E.S.I. Corporation andot

Court : Andhra Pradesh

..... pay fine.23. we would also like to have a glance at the regulations made in exercise of the powers conferred by section 97 of the esi act, namely, the employees state insurance (general) regulations, 1950 (for short the regulations). the regulations provide for the procedure for collection of contributions for extending the benefits and/or deciding ..... of raw- materials for, or the distribution or sale of the products of the factory or establishments, was included in the definition of employee. again in 1989 this provision was amended and it was further expanded and any person engaged as an apprentice, not being an apprentice engaged under the apprentices act, 1961 (act ..... by act no.29 of 1989 even a person engaged as an apprentice was also included excluding an apprentice engaged under the apprentices act, 1961. before the amendment by act 18 of 2010 any person engaged as an apprentice not being an apprentice under the standing orders of the establishment was also included. that inclusion .....

Elgi Equipments Workers and Staff Union and anr. Vs. Union of India an ...

Court : Chennai

..... well merited and have our concurrence too.7.the challenge made to the notification on the basis of a claim that the amendment introduced impinges upon the fundamental right to health secured to a citizen/employee does not appeal to us for our acceptance. in our view, the observations in the decision in consumer education and research ..... of the constitution is a unique right. inasmuch as the petitioner can have a choice of his own health care, by the impugned notice compelling to get insured in esi scheme is invalid.11. in this context, the learned counsel relied upon several judgments of the supreme court to emphasise the scope of article 21 ..... and just procedure established by law which stands the test of other fundamental rights."13. the learned counsel placed reliance upon the judgment of the supreme court in state of punjab and others v. mohinder singh chawala, etc. reported in (1997) 2 scc 83 for contending that the government has constitutional obligation to provide health facilities .....

Employees State Insurance Corporation. Vs. Ganpat Karshanbhai Parmar.

Court : Gujarat

1. draft amendment is allowed.2. 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 ..... 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. mr.vasavada, learned advocate appearing on behalf of the appellant has vehemently submitted that first appellate ..... been committed by esi court in confirming the order passed by the first appellate tribunal.7. 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. in view of dismissal of .....

Bibi Khuteja @ Khutza Banu W/O Vs. Dawood Husain S/O Husenoddin Inamda ...

Court : Karnataka Dharwad

..... accepted at all for the following reasons :- the hon ble supreme court in the case of mukund dewangan vs oriental insurance co. ltd. [2016 (4) scc298 has referred to the statement of objects and reasons for bringing amendment to act of 1988 in relation to section 10 of the motor vehicles act. the said reasons are as follows ..... in matters arising under workmen s compensation act or employees compensation act, the same defence can be taken by the insurance company. if there is gross violation of policy conditions, it is not under an obligation to indemnify the liability of the insured. section 143 of motor vehicles act states so.13. in the case on hand, the ..... raised substantial :13. : questions of law, but in the light of the arguments, the following substantial questions of law can be formulated:- i. whether even after amendment to section 10 (2) of the motor vehicles act 1988, the endorsement on the driving licence, ex.p8, authorizing the driver to drive transport vehicle can be construed .....