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Judgment Search Results Home > Cases Phrase: employees state insurance amendment act 2010 section 4 amendment of section 10 Court: kerala Page 11 of about 1,803 results (0.302 seconds)

Jan 07 2014 (HC)

C.C. Rajappan Vs. M/S. the New India Assurance Company Ltd.

Court : Kerala

..... and control of such business. act of 1972 does not at all regulate the service of the employees of the insurance company. the act as is evidenced from section 2, declares it to be one enacted for giving effect to the policy of the state towards securing the principles in clause (c) of article 39 of the constitution; aimed at ..... of rajendra agricultural university vs. ashok kumar prasad (air2010sc259 dealing with bihar agricultural univeresities act, 1987 and section 36 of the said act laying down steps for making or amending a statute, the apex court has observed at para 9 that, if the act lays down the manner in which a statute under the act should be made. ..... the company which is just and fair, as provided under rule 23(h) of the new india assurance co.ltd. (conduct, discipline and appeal) rules, 2003 as amended up to date.18. the disciplinary authority has dealt with the issue in abject levity and merely concurred with the findings of the enquiry officer without at all, dealing with .....

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Nov 17 2014 (HC)

Planters Forum Vs. State of Kerala

Court : Kerala

..... effect is another decision of this court in madan mohan pathak v. union of india. in this case a settlement arrived at between the life insurance corporation and its employees had become the basis of a decision of the high court of calcutta. this settlement was sought to be scuttled by the corporation on the ground ..... property tax collected for certain years by the ahmedabad municipal corporation was illegal. in order to nullify the effect of the decision, the state government introduced section 152-a by amendment to the bombay provincial municipal corporation act, the effect of which was to command the municipal corporation, to refuse to refund the amount ..... and 24: '"17. article 48-a in part iv (directive principles) of the constitution of india, 1950 brought by the constitution (forty-second amendment) act, 1976, enjoins that "state shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country". article 47 further imposes the duty on the .....

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Jul 15 1986 (HC)

The United India Insurance Company Limited and ors. Vs. N. Gangadharan ...

Court : Kerala

Reported in : 2(1986)ACC451

..... co., ltd. v. joseph mariam (1979) acj 349 where it was held that the only circumstance under which the liability of the employer to compensate employee could be enforced against the insurer were those specified in section 14(1) of the workmen's compensation act, and where such conditions are not satisfied, the commissioner for workmen's compensation ..... he had suffered partial disability to the extent of 25%, the commissioner had only to apply the terms of schedule iv of the workmen's compensation act as amended by act 65 of 1976, that is exactly what the commissioner had done. we should also take note of the fact that half of the amount of compensation ..... the commissioner.4. the only objection which seems to have been urged by the employer before the commissioner was that the vehicle was insured and therefore the insurer was liable to compensate the applicant. the insurer stated that it was not liable to make any payment in respect of mechanical break-down, and that in any case, the accident .....

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Dec 10 1987 (HC)

Ananthakrishnan Vs. Oriental Fire and General Insurance Co. Ltd.

Court : Kerala

Reported in : (1988)IILLJ526Ker

..... has not been controverter in the counter affidavit. what the respondents stated in paragraph 11 of the< counter affidavit is:in paragraphs 2 to 4 the petitioner has referred to the provisions of the general insurance (conduct, discipline and appeal) rules, 1975 as amended from time to time. it is not necessary to traverse the ..... except with the previous approval of the central government. in the case before their lordships, employees in the road transport department in the state of hyderabad were allotted to the new state of mysore on re-organisation of the state. their services were terminated by the general manager of the mysore government road transport department. ..... governed by the provisions contained in the above said rules.5. the schedule to the rules was amended by circular no. h.o. 7/77 dated 28th march 1977. by the amendment the categories of employees in the cadre of assistant administrative officers were brought within the disciplinary jurisdiction of the managers for imposition .....

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Dec 08 2014 (HC)

State of Kerala, Rep. by the Chief Secre Vs. Hotel Leelaventure Ltd. a ...

Court : Kerala

..... effect is another decision of this court in madan mohan pathak v. union of india. in this case a settlement arrived at between the life insurance corporation and its employees had become the basis of a decision of the high court of calcutta. this settlement was sought to be scuttled by the corporation on the ..... held that property tax collected for certain years by the ahmedabad municipal corporation was illegal. in order to nullify the effect of the decision, the state government introduced section 152-a by amendment to the bombay provincial municipal corporation act, the effect of w.a. no. 250 of 2011 -:52. :- which was to command the ..... safety level before the water level is raised to 142 feet. within three weeks of the judgment of the apex court, the state legislature amended the 2003 act by the kerala irrigation and water conservation (amendment) act, 2006. the state of tamil nadu thereafter instituted a suit under article 131 of the constitution before the supreme court against the .....

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Jan 10 1980 (HC)

E.S.i.C. Vs. New India Maritime Agencies

Court : Kerala

Reported in : (1980)IILLJ232Ker

..... to deal with this question in a little detail though possibly for the purpose of this case that may not be called for.2. the scheme of the employees state insurance act is to make it applicable in the first instance to all factories other than seasonal factories. a factory is by itself an establishment. but establishments other ..... wages not only in an establishment or factory but also in connection with the work of an establishment or factory. by amendment act 44 of 1966 incorporating an inclusive clause in the definition of the term 'employee' even those employed for wages on any work connected with the administration of the factory or establishment or any part, ..... be included. at one time it had been contended in courts that despite the broadening of the definition of the term 'employee' by the amendment act the coverage under the act would not extend to employees other than those who were working in the premises of a factory or establishment. such an approach was sought to be supported .....

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Apr 15 1980 (HC)

United India Fire and General Insurance Co. Ltd. Vs. Kamalakshi and or ...

Court : Kerala

Reported in : (1980)IILLJ408Ker

..... .5. now let us consider the statutory provisions introduced by chapter viii of the motor vehicles act. before this act was amended in 1956, the third party risk was really the road insurance risk and the employee risk was only voluntary unless notification was issued. after 1956 amendment the use of a motor vehicle by any person in a public place without an ..... from the vehicle at the time of the occurrence of the event out of which the claim arises. the proviso without the exemptions or savings from their operation, thus state that compulsory insurance need not be effected against liability to voluntary passengers or against liability to persons who would have a claim against the ..... respondent was appointed as a driver of the lorry by the second respondent and at the time of the accident the third respondent was its driver. it is also stated that gurunathan was employed as cleaner in the lorry and he met with his end as a result of accident arising out of and in the course of employment on .....

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Mar 14 1997 (HC)

Regl. Director, Esi Corpn. Vs. Kerala Wheat Flour Roller Mill

Court : Kerala

Reported in : (1997)IILLJ839Ker

..... of this case in the background of the decision of the supreme court in south indian flour mills case (supra).5. the employees' state insurance act, 1948 is an act intended to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. it is a ..... the work of the factory or establishment of the principal employer, would come within the terms of 'immediate employer. but it is pointed out that in view of the amendment of the above provision, vide act 29 of 1989, the 'contractor' is also included within the definition of the term 'immediate employer' with effect from october 20, ..... 1989. that does not mean the unamended provision will not take in a contractor. what is apparent is that by virtue of the amendment the position is now explicit and there is no room for uncertainty.9. sub-section (4) of section 39 of the act is as follows :'the contributions payable .....

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Aug 07 1990 (HC)

Life Insurance Corporation Vs. Appellate Authority

Court : Kerala

Reported in : (1991)IILLJ226Ker

..... functions of the corporation are governed by the rules made by the central government in this behalf. it has been so stated in section 6 of the act. transfer of service of existing employees of insurers to the corporation is done under the immediate supervision of the central government (see section 11). as regards the transfer of ..... the power to make rules to carry out the purpose of the act. similarly the regulations governing the service conditions of the employees are promulgated by the central government (see section 49 as amended by act 1/1981). these and other provisions (i do not want to burden the judgment with the narration of the other ..... provisions) positively indicate that the central government has a pervasive control over the life insurance corporation.7. the learned counsel for the second respondent .....

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Jun 14 2005 (HC)

Oriental Insurance Co. Ltd. Vs. M.K. Thankappan and anr.

Court : Kerala

Reported in : IV(2005)ACC549; [2006(107)FLR476]

..... 's compensation act in order to cast liability on the employer to compensate for the death. the supreme court examining the meaning of employment injury as defined in employees state insurance act, 1948 considered as follows:in our judgment, by using the words 'arising out of...his employment', the legislature gave a restrictive meaning to 'employment injury'. ..... appellant.9. of course the appellant is well justified in contending that the commissioner went wrong in awarding interest at the rate of 12% applying provisions in the amended act. the counsel for the first respondent appearing for the writ petitioner in w.p. (c) no. 15973/2005 submits that the statutory rate of interest ..... provided in the unamended provision is only 6% and that the accident occurred prior to the amendment to the workmen's compensation act on 15.9.1995. consequently, the pre-amended rate alone shall be applied to the case. that part of the question of law raised by the appellant is .....

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