Judgment Search Results Home > Cases Phrase: employees state insurance amendment act 2010 section 4 amendment of section 10 Court: kerala Page 3 of about 1,803 results (0.171 seconds)

Employees' State Insurance Corporation Vs. 4 Aces Restaurant

Court : Kerala

Reported in : [2007(115)FLR566]; (2007)IILLJ903Ker

..... period), the contributions shall fall due on such days as may be specified in the regulations. regulation 31 of the employees' state insurance (general) regulations 1950 stipulates that an employer who is liable to pay contributions in respect of any employee shall pay those contributions within 21 days of the last day of the calendar -month in which contribution fall due. ..... k.s. radhakrishnan, j.1. this is an appeal, preferred by the employees' state insurance corporation aggrieved by the order passed by the employees insurance court, alleppey in i.c. no. 104/2001. i.c. no. 104/2001 was preferred by the respondent herein challenging the demand of interest of rs. ..... process and that the applicant fell under the definition of 'factory' employing 10 or more persons. corporation took up the stand that after the amendment to section 2(12) of the esi act which came into force with effect from october 22, 1989 the position which existed prior to that date had been completely changed and in view .....

Kerala Plantation Workers Federation and anr. Vs. Union of India (Uoi) ...

Court : Kerala

Reported in : 2009(2)KLJ724

..... ).12. thus, met with the position in the existing scenario, the maximum ceiling of rs. 750/- provided under section 2(k)(ii) which is stated as 'being subjected' to amendment for nearly 2 1/2 decades and still to be materialized, has definitely to go. this court holds it accordingly and the stipulation of rs. 750 ..... about, are prevented from pursuing their rights and remedies under the relevant enactments, which govern the field in respect of the workers in other fields (like esi act); simultaneously disabling them from enjoying the benefits of the act itself, they having been taken outside the purview of the term 'worker' by virtue of the ..... implementation of the above enactment, the workers who are entitled to get the benefit thereunder are taken outside purview of the several other welfare enactments like esi act. referring to the grave consequences resulted because of the present minimum wages notified by the government as payable to the plantation workers, which has admittedly crossed .....

Regional Director, E.S.i. Corporation Vs. Mookken Devassy Ouseph and S ...

Court : Kerala

Reported in : [2003(96)FLR1133]; (2003)ILLJ94Ker

..... 1992 of the appellant claiming contribution to the tune of rs. 21,649/- from the respondent.3. the respondent herein was an establishment covered under the employees' state insurance act by virtue of the notification issued by the government on 29.3.1975. in addition to the establishment at kochi, they got branches at various places ..... upto 1.4.1990 theestablishment will be continued to be covered before which the new proviso to section 1(6)of the esi act was brought into force. the effect of such an amendment would be tocontinue to cover an establishment irrespective of the fall in number. therefore,when the establishment stood continued to be covered ..... upto 1.4.1990 the amendmentbrought out will apply to such establishment and by virtue of the amendment suchestablishment will continue to be covered even thereafter. hence it is necessary thatthe court below will enter a finding based on the evidence as to which 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 .....

Carbon and Chemicals I.E. Association Vs. Union of India (Uoi)

Court : Kerala

Reported in : [1998(79)FLR20]; (1998)IILLJ71Ker

..... , carbon and chemicals india ltd. (for short 'the company').2. appellant challenged the constitutional validity of ext.p-1 notification dated december 23, 1996 amending the employees' state insurance rules, 1950 (for short 'the rules') making the employees' state insurance scheme (for short 'the scheme') applicable to employees drawing a salary of rs.6,500/- per month and other consequential changes in the scheme. appellant submitted that the ..... sec. 95 of the act by the central government after consultation with the e.s.i. corporation for the purpose of further amending the 1950 rules. the purpose of the notification is to bring into force the employees' state insurance (central) second amendment rules, 1966 with effect from january 1, 1997. there is a statement in ext.p-2 itself that the rules brought into .....

Oriental Insurance Co. Ltd. Vs. Thankappan

Court : Kerala

Reported in : 2006ACJ554; 2005(3)KLT480; (2005)IIILLJ649Ker

..... workmen'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'. ..... .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. 15973/05 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 15.9.95. consequently, the pre-amended rate alone shall be applied to the case. that part of the question of law raised by the appellant is .....

E.S.i. Corporation Vs. Fertilisers and Chemicals Travancore Ltd.

Court : Kerala

Reported in : 2003(2)KLT469; (2003)IIILLJ365Ker

..... warehousing corporation was the immediate employer. therefore, they are liable to pay contribution as per section 2(9) of the act. section 2(9) of the employees state insurance act defines 'employee' to mean any person employed for wages in or in connection with the work of a factory or establishment to which the act applies. clause (ii) envisages ..... with the work of the establishment of the respondent. the workers were doing loading and unloading works entrusted by the warehousing corporation. so they are employees of the respondent under the employees state insurance act.3. pw. 1 is the assistant finance manager of fact now working at hyderabad. he has deposed that during 1987-88 he was the ..... due. the provisions of sections 45-b, 75 and 77 as they stood prior to amendment of the act by the amendment act 28 of 1989 reveals that the cause of action for contribution would arise only after the decision by the insurance court in the proceedings is laid under section 75 of the act. until then the .....

Holy Family English Medium L.P. School and Others Vs. Employees State ...

Court : Kerala

..... in 1988 (1) 235 (sc) in international ore and fertilizasors (india) (pvt. ltd.) vs. esi corporation that, while construing a welfare legislation like the employees state insurance act and the notification issued thereunder, a liberal construction should be placed on the provision, so that the purpose of legislation may be allowed to be achieved, ..... , followed by publication in the gazette of india-extra ordinary, on the same date. 29. the prefatory note-statement of objects and reasons for the above amendment would throw some light on the background, which hence is extracted below: prefatory note - statement of objects and reasons - the payment of gratuity act 1972 ..... government; but does not include any member of the armed forces of the [union]. the term employee under section 2 (e) of the payment of gratuity act (before amendment of the act in the year 2009) reads as follows: (e) employee means any person (other than an apprentice) employed on wages, in any establishment, factory, mine .....

M/S. Harrisons Malayalam Ltd Vs. the Regional Provident Fund Commissio ...

Court : Kerala

..... position as laid down by this court and the supreme court, in respect of payment of damages under a similar legislation viz. the employees state insurance act, where exactly identical amendments were made to exactly identical provisions regarding imposition of damages. section 85b of the e.s.i. act contains the provision for ..... by a division bench of this court in e.s.i. corporation v. premanand [2007(2) klt 666], while construing provisions of the employees state insurance act, and the employees state insurance (general) registrations, which are in pari materia with section 14b of the act and clause 32a of the scheme, which division bench decision ..... may be recovered as an arrear of land revenue or under section 45c to section 45-i. (emphasis supplied) the employees state insurance (general) regulations, 1950 contains a similar provision like clause 32a of employees provident fund scheme. the said regulation namely, 31c reads thus: 3c. damages or contributions or any other amount due, .....

Regional Director, E.S.i. Corporation Vs. Cannanore Spinning and Weavi ...

Court : Kerala

Reported in : (2001)IILLJ1573Ker

..... defined in s. 2(c) of the act provided the wages payable come within the limit made mention of in r.50 of the employees state insurance (cental) rules, 1950. an amendment was brought into the wage limit made mention of in the said rule by notification dated 23.12.1996 to be effective from 1.1.1971 enhancing ..... challenges in this appeal an order dated 31.10.2000 of the employees insurance court, kozhikode in e.i.c. no. 72/99, and contends that the respondent-employer is liable to pay the interest on the contribution payable by him in terms of s. 39(5) of the employees state insurance act, 1948.2. certain facts are not in dispute, employer is ..... date of disposal of the original petition. of course s the amendment had been upheld, the contribution payable on expiry of such 21 days shall be the entire amount payable from 1.1.1997, the date when the notification was brought into force. in such circumstances, the employees insurance court considered this aspect and held that he respondent was not .....