Judgment Search Results Home > Cases Phrase: employees state insurance amendment act 2010 section 4 amendment of section 10 Court: chennai Page 1 of about 3,560 results (0.187 seconds)

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 .....

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 .....

Management of Jawahar Mills Ltd. Vs. Regional Director, Employees' Sta ...

Court : Chennai

Reported in : (2001)IILLJ793Mad

..... for which esi contribution was sought for by the respondents relates to the period prior to october 20, 1989, when the amended act 29 of 1989 had come into force.7. in employees' state insurance corporation and another v. tata engineeringand locomotive company ltd. and anr. : (1976)illj81sc the apex court held thus:'while ..... 535.75 respectively.4. aggrieved at the amounts determined as mentioned above payable to the respondents as esi contribution, the petitioner has filed petitions before the employees' state insurance court (district court) salem (hereinafter referred to as court). after considering the material evidence placed before it, the said court has decided that 25 ..... 51.5613-11 and order, dated february 17, 1989, in tn/ins./ix/ 51.5613-11 on the file of the regional office (tamil nadu) employees' state insurance corporation, madras 34, respectively.2. the petitioner in both the petitions is textile mill engaged in manufacture of yarn, etc., with workmen numbering about 800 which .....

Kanchi Silk Palace, Chennai Vs. The Employees State Insurance Corporat ...

Court : Chennai

..... existence of the functional, managerial and operational integrity among the units. 15. the respondent has further submitted that the hon'ble apex court in sumangali v. regional director, employees' state insurance corporation [(2008) 9 scc 106] has dealt with the scope of clubbing of different establishments and has laid down certain guidelines based upon the factual findings recorded by the ..... further, they have submitted that none of the six establishments fell within the ambit of e.s.i.act as none of them employed 20 or more employees. however, after coming into force of the amending act 18 of 2010, five of the establishments came within the ambit of the act as they have ten or more ..... 2005 to 31.07.2013 on the corporation side. 12. further, the respondent has submitted that in view of amendment, dated 01.06.2010, all the units come under the act and the contribution in respect of their employees from 02.01.2013 is only to avoid payment from 26.10.2005. the petitioner firm was afforded an .....

Management of Kaveri Engineering Industries Ltd. Vs. Employees' State ...

Court : Chennai

Reported in : (2000)IILLJ196Mad

..... the decision rendered in braithwaite and co. (india) ltd. v. employees' state insurance corporation : (1968)illj550sc . but the apex court in the case of harihar polyfibres v. employees' state insurance corporation : (1984)iillj475sc took a view that: 'wages defined under section 2(22) of the employees' state insurance act includes remuneration paid or payable under the terms of the contract of ..... , passed an order on january 6/8, 1988, under section 45-a of the employees' state insurance act, 1948 (hereinafter referred to as 'the act'), calling upon the appellant to pay contribution in respect of 'house rent allowance' paid to the employees as 'wages' for the period from october 1, 1984, to august 31, 1986, ..... opinions, and, in order to put an end to the controversy, the act itself was amended by the amendment act 29 of 1989, by which a proviso was added to section 45-a of the act which states as follows: 'provided that no such order shall be passed by the corporation unless the principal .....

E.i.D. Parry (India) Ltd. Vs. Regional Director, Tamil Nadu E.S.i. Cor ...

Court : Chennai

Reported in : (1995)IILLJ1173Mad

..... of 1976 inter alia for a declaration that the employees in its head office and branch offices do not come within the amended definition of 'employee'. that petition was filed with reference to the fertilizer factory of ..... for the period from the date of commencement of the amended act 44 of 1966 by which the scope of the definition of 'employee' was enlarged, till the date from which the employer commenced paying the contributions. 4. the petitioner employer had filed a petition in the employees state insurance court, madras, e.i.o.p. no. 16 ..... 1. the order of the respondent made on 12.10.1984 under section 45a of the employees state insurance act, 1948 (hereinafter referred to as the act) determinating the amount of the contributions payable by the petitioner in respect of its employees in the head, regional and branch offices for the period from 28.1.1968 to 15. .....

E.i.D. Parry (India) Limited Vs. the Regional Director, Tamil Nadu Emp ...

Court : Chennai

Reported in : (1995)1MLJ261

..... of 1976 inter alia for a declaration that the employees in its head office and branch offices do not come within the amended definition of 'employee'. that petition was filed with reference to the fertilizer factory of ..... for the period from the date of commencement of the amended act 44 of 1966 by which the scope of the definition of 'employee' was enlarged, till the date from which the employer commenced paying the contributions.4. the petitioner employer had filed a petition in the employees, 'state insurance court, madras, e.i.o.p. no. 16 ..... the respondent made on 12.10.1984 under section 45-a of the employees state insurance act, 1948 (central act 34 of 1948) (here-in after referred to as the act) determining the amount of the contributions payable by the petitioner in respect of its employees in the head, regional and branch offices for the period from 28. .....

M.M.Rubber Company Ltd. Vs. the Deputy Director and anr.

Court : Chennai

..... cannot be any private negotiations and the interest is an automatic liability on the employer if there were delayed payments. the supreme court in goetze (india) limited v. employees' state insurance corporation reported in 2008 (8) scc 705 had observed as follows: "9.as there was delay in making the payment of the contribution the corporation had issued notice ..... order1. the petitioner has filed the present writ petition seeking to challenge an order, dated 6.12.2004 passed under section 45-a of the employees' state insurance act (for short esi act) by the respondent esi corporation. by the said order, the petitioner was directed to make a contribution of rs.4,39,028/- in respect of ..... spheres. 25.section 45-a of the act contemplates a summary method to determine contribution in case of deliberate default on the part of the employer. by amendment act 29 of 1989, sections 45-c to 45-i were inserted in the principal act, for the purpose of effecting recovery of arrears by attachment and .....

P. Selvaraj Vs. the Management of Shardlow India Limited,

Court : Chennai

Reported in : (2007)ILLJ1048Mad

..... nature, the same would not mean that it should be construed in favour of the workmen only although they are not entitled to benefits thereof. (see regional director, employees' state insurance corporation, trichur v. ramanuja match industries : (1985)illj69sc ) 23. per contra, mr. a.l.somayaji, learned senior counsel appearing for the first respondent, drew ..... the workmen, section 6(1)(b) of the gratuity act was introduced by amending act 25 of 1994 stating that the gratuity payable to an employee may be wholly or partially forfeited. by section 7(3)(a) of the gratuity act, an amendment was introduced to provide for interest on the delayed payment. section 7(4) ..... act was attacked by employers on different grounds and they were repelled by various high courts and the supreme court. further, the act has also undergone several amendments taking note of the judicial interpretation given by courts. 14. the significant change that had come subsequent to the enactment of the act in the year 1972 .....

New Karpagam Hotel, Represented by Its Proprietor Poovai K.S. Ambikapa ...

Court : Chennai

Reported in : [2006(108)FLR23]; (2005)4MLJ169

..... for wages. so, according to the learned counsel for the appellant notwithstanding the amended definition of a 'factory', a hotel in which employs only ten or more persons will not be covered by the provisions of employees' state insurance act.9. the learned counsel for the respondent would submit that once the ..... amendment brought into the definition of 'factory' would not alter the situation.3. the appellant employs ten or more persons in its premises, where manufacturing process is being carried on with the aid of power. this is not disputed.4. let us see the relevant provisions. the notification in question reads as follows:'extension of provisions of employees' state insurance ..... running shed or an establishment which is exclusively engaged in any of the manufacturing processes specified in clause (12) of section 2 of the employees' state insurance act, 1948 (central act 34 of 1948).3. the following establishments whereon twenty or more persons are employed or were employed for wages on .....