Judgment Search Results Home > Cases Phrase: employees state insurance amendment act 2010 section 4 amendment of section 10 Court: kerala Page 1 of about 1,803 results (0.254 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 .....

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 .....

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 .....

Vijayan Pillai Vs. E.S.i. Corporation

Court : Kerala

Reported in : [1998(79)FLR969]; (1998)ILLJ1190Ker

labour and industrial - jurisdiction - sections 2 (12), 75 and 77 of employees' state insurance act, 1948 and employees' state insurance (amendment) act, 1989 - where 20 or more persons employed in factory or establishment - factory becomes insurable unit and all employees shall be insured in view of section 38 - no liability to pay contribution in respect of persons employed in case number of persons employed is less than 20 - jurisdiction of e.s.i. corporation to demand contribution from factory or establishment depends on determination of total number of persons employed in unit.

Thomas K.C. Vs. Regional Director, Esi Corporation

Court : Kerala

Reported in : (1998)IILLJ0984Ker

..... coming to the argument based on the provisions contained under section 93a we note that the above section was added in the statute by way of an amendment under employees' state insurance (amendment) act, 1965. section 93a reads as follows:'93-a liability in case of transfer of establishment:- where an employer, in relation to a factory or ..... march 29, 1980, september 27, 1980 and march 28, 1981 together with interest.3. aggrieved by the above, the appellant moved the employees' insurance court, quilon under section 75 of the employees' state insurance act, 1948 challenging the demand issued by the i respondent. it was contended by the appellant that he was not running the factory ..... the i respondent e.s.i. corporation issued orders to the appellant demanding an amount of rs. 2,73,556.65 as contribution under the employees' state insurance act in respect of the employees in the factory for the periods from october 11, 1976 to november 29, 1976, october 25, 1979 to march 29, 1980, march 30 .....

Regional Director, Esi Corporation Vs. G. Sivaprasad, Proprietor, M.S. ...

Court : Kerala

Reported in : (2010)ILLJ279Ker

..... ) the wage period in relation to an employee shall be the unit in respect of which all contributions shall be payable under this act.(4) the contributions payable in respect of each (wage ..... payable by the employee (hereinafter referred to as the employee's contribution) and shall be paid to the corporation.(2) the contributions shall be paid at such rates as may be prescribed by the central government:provided that the rates so prescribed shall not be more than the rates which were in force immediately before the commencement of the employees' state insurance (amendment) act, 1989.(3 .....

Regional Director, E.S.i. Corporation Vs. Kerala Electrical and Allied ...

Court : Kerala

Reported in : (2003)IIILLJ768Ker

..... considered the reports of both the committees and broadly endorsed their recommendations. the two committees together had made a number of recommendations involving amendments of the act. it was observed that 'employees' state insurance act, 1948, provides for grant of cash benefits to the employees in the recognised contingencies of sickness, maternity and employment injury. it also provides for medical benefit, in kind, to the ..... be maintained by the employer. in exercise of the powers under the act, the regulations have been made. these regulations are called the employees' state insurance (general) regulations, 1950. these regulations were published, vide notification dated october 17, 1950. regulation 32 as amended in the year 1985, inter alia, provides that 'every employer shall maintain a register in form 7 in respect of every .....

E.S.i. Corpn. Vs. Raj Cashew Company

Court : Kerala

Reported in : (1992)ILLJ206Ker

..... held to be not wages in braithwaite and co. (india) ltd. v. employees' state insurance corporation (supra). prior to the amendment of 1966, payment made for authorised leave has been held to be not wages by the bombay high court in employees' state insurance corporation v. model mills, nagpur ltd., (l975)labi.c.84 and asst, regional ..... adjust the amount so paid towards future subscription. the respondent contended that holiday wages are not wages as defined in section 2(22) of the employees' state insurance act, 1948, and, therefore, contribution could not have been levied on such wages. the corporation took the stand that holiday wages are also wages ..... originally contained an explanation stating that for the purpose of sections 40 and 41, 'wages' shall be deemed to include payment to an employee in respect of any period of authorised leave, lockout or legal strike.5. some of the above provisions have undergone changes by amendments to the employees' slate insurance act. the definition of .....

P. Asokan Vs. Western India Plywoods Ltd., Cannanore

Court : Kerala

Reported in : AIR1987Ker103; (1987)IILLJ183Ker

..... functioning as the law member of the viceroy's executive council, brought about labour legislations of great sweep and impact. the industrial disputes act, 1947, the employees' state insurance act, 1948 and the industrial employment standing orders act, 1947, were some measures ofthat period. they strived to usher in industrial peace, regulated conditions of employment ..... branches of law should not be lost sight of while we approach the interpretation of a seemingly simple section such as the one contained in the employees' state insurance act, 1948.24. in relation to the interpretation of statutes courts will have a positive role to play. if a section yields two different interpretations ..... the legal proceedings initiated by the indigent person. this is particularly so in view of the change in the language of the relevant clause after the amendment of the code in 1976. the principles contained in the decision in gobardhan das v. raghunandan das, air 1968 orissa 213 (where earlier case law .....

Tata Employees Union Vs. Union of India (Uoi)

Court : Kerala

Reported in : (1993)ILLJ580Ker

..... the points raised for consideration are the same. the grievances voiced in the petitions are also identical. all the petitioners are aggrieved by the amendment made to the employees state insurance (central) rules, 1950 amending rules 50, 51 and 54 with effect from april 1, 1992 by notification dated march 27, 1992, by which the wage ceiling for ..... and the rajya sabha on may 7, 1992. therefore, the amendment to the rule has not in any way resulted in violation of section 95 of the act as contended by the petitioners.4. the employees state insurance act, 1948 was an act to provide certain benefits to employees in cases of sickness, maternity, employment injury, etc. and ..... coverage under the employees state insurance act (for short 'the act') is enhanced from rs. 1,600/- per month to rs. 3,000/- per month and the .....