Judgment Search Results Home > Cases Phrase: employees state insurance amendment act 2010 section 4 amendment of section 10 Page 11 of about 85,205 results (1.563 seconds)

Madhusudan Vegetable Products Co. Ltd. Vs. Rupa Chemicals, Vapi and or ...

Court : Gujarat

Reported in : AIR1986Guj156; (1986)1GLR101

..... . or against original order of subordinate court under o. 43, rule 1, civil p.c. we may make it clear that under certain other statutes like the employees state insurance act, 1948, further appeals do lie to the high court against appellate orders passed by lower courts under such acts. for example, under section 54a of the ..... the appellant in connection with the maintainability of this appeal. in view of s. 100a referred to earlier which has been brought on the statute book by amending civil p.c. by amendment act, 1976, the letters patent appeals are expressly barred in cases contemplated by the said provision. the said provision reads as under:'100-a. notwithstanding ..... decision in : [1982]1scr187 . the ratio of the decision in (1974) 15 guj lr 897 does no longer remain legally operative for the additional reason that by amendment of civil p.c. in 1976, s. 100a is brought on the statute book. it expressly bars further appeals under letters patent from orders passed by single judges of .....

Sambhu Nath Agarwal and Anr. Vs. Employees' State Insurance Corporatio ...

Court : Kolkata

Reported in : [1989]66CompCas111(Cal),93CWN69,(1990)IILLJ100Cal

..... . justice manoj kumar mukherjee was of the view that although the director of a company was the principal employer as defined in the employees' state insurance (amendment) act of 1975, he could not be equated with the expression 'employer' in the absence of any specific provision in the indian ..... as follows:'explanation 2.--a person, being an employer, who deducts the employees' contribution from the wages payable to the employee for credit to the employees' state insurance fund held and administered by the employees' state insurance corporation established under the employees' state insurance act, 1948, shall be deemed to have been entrusted with the amount ..... chowdhury. judgment was reserved on 16th november, 1984. thereafter, it was referred to the division bench.2. sankar bhattacharyya, an insurance inspector in the employees' state insurence corporation, filed a complaint under section 406 of the indian penal code before the chief judicial magistrate, sealdah, against the petitioners on .....

Employees' State Insurance Corporation Vs. Ashutosh Adhikary and Ors.

Court : Kolkata

Reported in : 1987CriLJ1812

..... learned magistrate the court held that from explanation 2 to section 405 of the ipc which was brought into the statute book by the employees' state insurance (amendment) act, 1975 it is abundantly clear that the employer who deducts the employees' contribution shall be deemed to have been entrusted with the amount of contribution so deducted and he shall be deemed to have dishonestly misappropriated ..... convenience i quote below explanation 2 to section 405, ipc. 'a person, being an employer, who deducts the employees' contribution from the wages payable to the employee for credit to the employees' state insurance fund held and administered by the employees' state insurance corporation established under the employees' state insurance act, 1948, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if .....

M/S. Omarkhayyam Bar and Restaurant Vs. Deputy Regional Director, Sub ...

Court : Mumbai Nagpur

..... factory as defined under section 2(12) so as to attract the provisions of the state insurance act in terms of section 1(4). section 2(12) of the state insurance act, as it stood prior to its substitution by the employees state insurance (amendment) act, 2010 (18/2010), with effect from 1.6.2010 reads as under: ..... approximately 17.77 celsius. the deep-freezer used in this case, therefore, cannot be equated with a small refrigerator. the learned judge of the employees state insurance court, nagpur has, therefore, rightly distinguished the facts of the present case from the facts of ritz hotel (vegetarian), pune (supra) and rightly found ..... against the said demand notes which were also rejected by the respondent. the appellant, therefore, preferred an application before the employees' state insurance court at nagpur under section 75 of the state insurance act challenging the demand notes. 2. the application was resisted and contested on merits by the respondent. the respondent submitted .....

Natarajan Ramesh Rajan Vs. Government of India

Court : Chennai

..... on the functioning of the company. (ii) para (xiv) in the annexure to the auditor's report: there was delay in depositing the provident fund dues and employees state insurance dues with appropriate authorities. the arrears in respect of p.f. of rs.323 thousands and esi of rs.11 thousands has been paid subsequently. in respect of the ..... would also not be in accordance with the objective and concept of an independent audit stipulated under the act. a more logical and harmonious interpretation is that the amendment does not intend to change the basic objective and the concept of an independent audit of accounts of a company, which is to examine the financial statements with ..... company; f) whether any director is disqualified from being appointed as director under clause (g) of sub section (1) of section 274. 2. section 233 of the amendment act provides that if any auditor's report is made which is not in conformity with the provisions of section 227 & 229, the said default, if wilful, would be .....

Regional Provident Fund Commissioner Vs. Management of Hotel Highway L ...

Court : Karnataka

Reported in : 1991(2)KarLJ296; (1999)IIILLJ243Kant

..... enlarged to trainees, irrespective of that requirement to satisfy the apprentice act.4. as regards (1976-i-llj-81)(supra) that was a case which arose under employees' state insurance act, 1948. therefore, that cannot have any application. then again, the division bench of this court in w.a. 971/1983 referred to this very supreme court ..... there are 27 trainees undergoing training with the management of hotel highway limited, namely, the respondent. the definition of employee as occurring under section 2(f) of the act (prior to the amendment) reads as follows :' 'employee' means any person who is employed for wages in any kind of work, manual or otherwise, in or in connection ..... the management of hotel highway limited.3. in this appeal, it is contended before us by sri shylendra kumar appearing'for the appellant that prior to the amendment, the law was to exempt an apprentice but he must satisfy the definition of apprenticeship as is found in apprentice act, 1961. where, therefore, the object .....

Divisional Manager, Orissa Forest Development Corporation Ltd. Vs. Nab ...

Court : Orissa

Reported in : 2008ACJ2064; (2008)106CALLT579; (2009)IILLJ165Ori

..... that the accident arose out of and in the course of his employment. it was further held that in the deeming provision of section 51-c of the employees' state insurance act, 1948 (act 34 of 1948) which came into force by way of amendment by employees' state insurance (amendment) act, 1966 (act 44 of 1966) enlarging the scope of 'in the course of employment' to include an ..... employee travelling as a passenger by the employer's vehicle to or from the place of work, the legal fiction contained therein, however, does not come into play because the .....

M/S.Bhagheeratha Engineering Ltd Vs. State of Kerala

Court : Kerala

..... formed an opinion that a sub committee of the regional board of esi corporation has examined the request of the petitioner for exemption under section 87 of the employees state insurance act 1948 and has found that the benefits provided by the petitioner were neither similar nor superior to that of the benefits provided under the esi scheme. according ..... in this regard. counter affidavit is filed by respondents 2 and 3 inter alia supporting the stand taken by the government. according to them, the benefit of esi amendment act, 2010 which came into force on 1.6.2010 has no retrospective effect as the said benefit will not be available to the petitioner. petitioner had filed ..... that the benefits under the esi scheme are far more superior and beneficial. the various benefits extended by the petitioner and the employees' state insurance corporation have to be analysed item wise. a detailed order is warranted while granting or disallowing exemption under s.87 of the act. this is especially .....

Employees' State Insurance Corporation Vs. Reliable Carriers Private L ...

Court : Madhya Pradesh

Reported in : [2008(119)FLR1133]; (2009)IILLJ369MP; 2008(5)MPHT88

..... ) act, 1989.(3) 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 ..... 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 ..... was justified in law while reducing the quantum of damages ignoring the provision of section 85-b read with sections 39 and 40 of the employees state insurance act? if so, its effect.6. shri brahmdatt singh and anubhav jain, learned counsel for the appellant by referring the various provisions of the .....

Narayana Iyer Kulathu Iyer Vs. Manakkadu Devaswom and ors.

Court : Kerala

Reported in : AIR1978Ker1

..... the decision reported in v.v. kudva v. e.s.i. corporation (air 1972 mys 204). in that case, the litigant concerned acquiesced in a decision of the employees state insurance court and did not file an appeal in time. subsequently, his counsel noticed the decision of the supreme court in provident fund inspector, guntur v. t.s. hariharan ..... provision read with section 100a of the amendment act, no further appeal was maintainable against the decision in second appeal. the petitioner, therefore, did not move for obtaining leave to file appeals against the decision. ..... after obtaining leave under section 5 of the high court act. he obtained copies of the judgments and decrees on 18-2-1977. in the meanwhile, the civil procedure code amendment act, 1976 came into farce on 1-2-1977 and section 100a was introduced into the code. he was instructed by his counsel thatby virtue of the above .....