Judgment Search Results Home > Cases Phrase: employees state insurance amendment act 2010 section 4 amendment of section 10 Court: rajasthan Page 1 of about 974 results (0.109 seconds)

Prem Sukh and ors. Vs. Manager, E.S.i. Corporation and ors.

Court : Rajasthan

Reported in : 1981WLN79

..... . the matter has to be examined only in the light of the definition, as it stood prior to the amending act of 1966. he pointed out that in the reference, referred to above, one of the questions referred, was as to whether the employees' state insurance act. 1948 is retrospective in operation? this question was answered in the negative and it was held that ..... the act is not retrospective in operation. similarly, the amending act of 1966 is also not retrospective in operation.10. i have carefully considered the submissions of .....

Hindustan Zinc Limited Vs. Commercial Taxes Officer

Court : Rajasthan

Reported in : 1990WLN(UC)220

..... of the petitioner. in support of this, he has placed reliance on the judgment of the hon'ble supreme court reported in: royal talkies, hyderabad and ors. v. employees' state insurance corporation through its regional director. hill fort road, hyderabad : (1978)iillj390sc and stale of tamil nadu v. binny ltd., madras : air1980sc2038 . the learned counsel for the ..... to such trade, commerce, manufacture, adventure or concern; was also included in the definition of the word 'business'. this sub-clause (ii) was not there before the amendment of the definition of the word 'business'. the definition of the term 'business', now, includes any trade, commerce, manufacture or any adventure or concern in the nature ..... not help the case of the petitioner because after the decision of the case the definition of the word business under the r.s.t. act has been amended which is at variance with the definition of the word 'business' at the relevant time under the m.p. sales tax act5. the commissioner of sales .....

The Regional Director E.S.i. Corporation Vs. P.C. Kasliwal and ors.

Court : Rajasthan

Reported in : 1981WLN460

..... no bearing on the instant case.11. mr. kala has also placed reliance on ambassador and ors. v. the employees' state insurance corporation, bangalore 1975 lab ic 627 wherein placing reliance on bank silver co., bombay v. the employees' state insurance corporation, bombay : air1965bom111 , it was held that the proprietors or partners of a factory who actually work therein cannot ..... where the question arose as to whether a particular establishment was a 'factory' within the meaning of section 2(12) of the act, as it stood after the amendment of 1968. i have already said above that whether the view of this court in bharat industries, jodhpur, case (supra) needs reconsideration in view of the definition ..... in the aforesaid case their lordships were considering the definition of 'factory' as given in section 2(12) of the act, as it stood prior to the amendment, which, was brought into force with effect from 28-1-68, by which for the words 'are working or were working' the words 'are employed or .....

R.S.E.B. Vs. E.S.i. Corporation

Court : Rajasthan

Reported in : 1987(2)WLN728

..... : (1978)illj181sc is applicable in the present case. in it the following principle is laid down:employees state insurance act (1948) sections 2(9) (as amended by the act 44 of 1966. sections 2(12) 38 and 39-employees-definition of-employees, working in zonal and branch offices of factory covered by provisions of the act.10. the impugned ..... judgment is further supported by the decision of the apex court royal talkies and ors. v. employees state insurance corporation : (1978)iillj390sc ..... division.6. mr. gupta then argued that the office of the executive engineer is not a factory within the meaning of section 2(12) of the employees state insurance act even though it does not do anything connected with distribution of electricity in the town done by 4 sub-divisions each managed and headed by an .....

Employees State Insurance Corporation and ors. Vs. the Executive Engin ...

Court : Rajasthan

Reported in : 1971WLN599

..... payment of the contributions in respect of the employer's contributions separate proceedings are taking plan. two applications were filed by the employees' state insurance corporation is respect of the employee's contributions. the employees' insurance court ea jaipur disallowed part of the claim made by the corporation on the ground that it was barred be limitation under rule ..... can easily be altered if experience of the working of the rules shows that the period of time prescribed was inadequate. it is more difficult to amend an act. so far as limitation for appeals is concerned there was no difficulty in prescribing a period of 60 days for such appeals.8. another ..... a deduction for the price of the stamps is made from his wages. this is so prescribed in regulation 29 of the employees' state insurance (general) regulations 1950 framed under section 97 of the employees' state insurance act, 1948. no trust is created.10. another reason given by some courts is that fixation of any period of .....

E.S.i. Corporation Vs. Laxmi Misthan Bhandar

Court : Rajasthan

Reported in : 1987(2)WLN578

..... the respondent m/s laxmi misthan bhandar. the important question is whether this amount is to be included in the wages of the employees for the purposes of collecting the contribution under the employees state insurance act.2. the esi court has held that these service charges cannot be considered as wages for the purpose of esi contribution.3 ..... settlement between the parties or order of court. this was inserted by the act, no. 68 of 1957. significantly the definition of wages under the employees insurance act was not amended and this clause (a) is conspicuously absent. it is well established principle of interpretation of statutes that when the legislature in one act. used a ..... one (first) act, the meaning assigned in the other act cannot be given the same effect. consequently the absence of the above amendment in the definition of wages in the esi. act makes it very clear that the remuneration payable under any award or settlement between the parties or court would not be treated as wages .....

All India Itdc Employees Union Vs. Employees State Insurance Corp.

Court : Rajasthan

Reported in : 2003(2)WLN107

..... learned single judge dismissing the writ petition filed by all india i.t.d.c. employees union challenging the notification issued by laxmi vilas palace hotel on 30.1.97 (annex.p/7) informing its employees that in terms of the amendment made in the provisions of the employees state insurance act vide notification dated 23.12.96 which became effective from 1.1.97, its ..... provisions shall be made applicable to those employees with effect from 1.1.97 who were drawing monthly salary upto rs. 6 .....

Tulsi Das Vs. Smt. Mooii Devi

Court : Rajasthan

Reported in : 2000(2)WLN307

..... the rajasthan high court ordinance. 3. there is no express provision applying section 19 on the pending suits. on the contrary through section 6-a of the amending act 1992, the amendments made in section 21 regarding appeals, have been made applicable to the suits or proceedings pending on 12-8-1992 also. this is pertinent to note that ..... counsel for the petitioner at bar. the hon'ble supreme court has considered the competence of a bench making a reference in a case of coir board ernakulam. kerala state v. indira devi p.s. reported in (2000) 1 scc 224 and has held as under:--the judgment delivered by seven learned judges of this court in bangalore ..... other amended provisions or amended section 19 also, nothing prevented the legislature to enact such provision. omission is intentional and as such there is no scope for thinking of any contrary intention of the legislation. 4. in air 1972 s.c. 1935 it has been held that omission to provide limitation under sections 68 and 75 of the esi act and .....

All India I.T.D.C. Employees Union Vs. Employees State Insurance Corp. ...

Court : Rajasthan

Reported in : [2000(84)FLR869]; (2002)IIILLJ917Raj; RLW2003(1)Raj25

..... the notification issued by laxmi villas palace hotel on 30.1.97 (annex. p/7) informing its employees that in terms of the amendment made in the provisions that in terms of the amendment made in the provisions of the employees state insurance act vide notification dated 23.12.96 which became effective with effect from 1.1.97, its provisions ..... shall be made applicable to those employees with effect from 1.1.97 who were drawing monthly salary upto rs. 6,500/- which limit ..... 10 of the industrial disputes act, or seek relief, if possible, under sections 74 and 75 of the act.''14. it was again stated by the apex court in the case of employees state insurance corporation v. r.k. swamy and ors. (2). considering the question of interpretation put by the government on the applicability of the act .....

R S R T C Vs. Smt. Saroj Devi and ors

Court : Rajasthan Jodhpur

..... claimants, the learned tribunal has altogether ignored the fact that the respondent-claimants are receiving monthly family pension of rs.1300/- per month under the provisions of the employee state insurance act, 1948 (hereinafter referred to as 'the act of 1948') and, therefore, they are 3 not entitled for receiving any compensation as per the provisions ..... learned tribunal to prove the fact that the claimants are receiving benefit under the act of 1948. even before this court also, though the appellants have amended the appeal with permission of the court, but has failed to produce any documentary evidence before this court to prove the fact that the respondent-claimants are ..... in para 7 and 8 has held as under:- 7. so far as bar against receiving or recovering the compensation, as envisaged under section 53 of the esi act is concerned, the corporation has not made any such foundation before the tribunal and in the whole of the written statement, it nowhere appears that the corporation has .....