Court : Andhra Pradesh
Reported in : 2007(4)ALD725; 2007(5)ALT389; [2007(115)FLR130]; (2007)IIILLJ1018AP
..... and allowed the petition as prayed for directing the parties to bear their own costs. aggrieved by the same, the first respondent in opno. 118 of 1994 aforesaid, employees' state insurance corporation represented by its regional director, had preferred the present civil miscellaneous appeal.3. contentions of sri b.g. reminder reddy : sri b.g. ravinder reddy, learned ..... -1979 till 9/87 is barred under the proviso to explanation (b) clause (1a) of section 77(1) of esi act, as amended by act 28/89.3. the petitioner establishment is not covered by provisions of esi act.16. as already referred to supra, neither the proprietrix nor husband of the proprietrix had been examined and the brother of ..... the provisions of sections 45-b, 75 and 77 as they stood prior to the amendment of the act by the amendment act 28 of 1989 reveal 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, cause .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALT331; (2005)IILLJ203AP
..... and the supreme court in model mills' case (1 supra), the same does not hold good with reference to the amended provisions.9. reliance is placed upon a full bench judgment of the kerala high court in employees state insurance corporation v. malabar cashewnut and allied products, 1993-i llj kerala 598 (f.b.). the kerala high court held that ..... l. narasimha reddy, j.1. common questions of fact and law are involved in both these civil miscellaneous appeals filed under section 82 of the employees' state insurance act, 1948 (for short 'the act'). hence, they are disposed of through a common judgment.2. the parties are common to both the appeals. the esi ..... the definition of 'wages' takes in its fold four kinds of payments, viz., (1) remuneration paid in cash to an employee in terms of the contract, (2) any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(2)AWC1714(SC); JT2006(4)SC26; (2006)IILLJ547SC; 2006(3)SCALE492; (2006)4SCC257
..... were followed in the connected civil appeal no. 313 of 2005.2. background facts in a nutshell are as follows:pursuant to the amendment made in the provisions of the employees' state insurance (central) rules, 1950 (in short the 'rules') framed under employees state insurance act, 1948 (in short the 'act') vide notification dated 23.12.1996 which became effective with effect from the date 01.01 ..... account under the scheme.6.3. in employees' state insurance corporation v. kerala state handloom development corporation employees union (citu), kannur, dist. kannur, kerala and ors. : (1995)iillj17sc it was observed as follows:3. we are of the view that the high court fell into patent error in postponing the date of the operation of the notification. the notification, amending the rules, was legislative act. the .....
Tag this Judgment!Court : Chennai
Reported in : (2007)ILLJ1048Mad
..... nature, the same would not mean that it should be construed in favour of the workmen only although they are not entitled to benefits thereof. (see regional director, employees' state insurance corporation, trichur v. ramanuja match industries : (1985)illj69sc ) 23. per contra, mr. a.l.somayaji, learned senior counsel appearing for the first respondent, drew ..... the workmen, section 6(1)(b) of the gratuity act was introduced by amending act 25 of 1994 stating that the gratuity payable to an employee may be wholly or partially forfeited. by section 7(3)(a) of the gratuity act, an amendment was introduced to provide for interest on the delayed payment. section 7(4) ..... act was attacked by employers on different grounds and they were repelled by various high courts and the supreme court. further, the act has also undergone several amendments taking note of the judicial interpretation given by courts. 14. the significant change that had come subsequent to the enactment of the act in the year 1972 .....
Tag this Judgment!Court : Karnataka
Reported in : (1977)ILLJ178Kant
..... the act by the amending act 44 of 1966 if the said factories worked for a period in excess of seven months ..... preferred by the regional director, employees' state insurance corporation, bangalore, against the order date 20-3-1975 of the employees' insurance court, bangalore, is whether the factories of the respondents which were seasonal factories within the meaning of s. 2(12) of the employees' state insurance act, 1948 (hereinafter to be called the 'act') would cease to be such seasonal factories after the amendment of s. 2(12) of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(1)ALD848; [2005(106)FLR74]
..... court and the supreme court in model mills' case (supra), the same does not hold good with reference to the amended provisions.9. reliance is placed upon a full bench judgment of the kerala high court in employees state insurance corporation v. malabar cashewnut and allied products, 1993 illj kerala 598. the kerala high court held that the definition ..... l. narasimha reddy, j.1. common questions of fact and law are involved in both these civil miscellaneous appeals filed under section 82 of the employees' state insurance act, 1948 (for short 'the act'). hence, they are disposed of through a common judgment.2. the parties are common to both the appeals. ..... of 'wages' takes in its fold four kinds of payments, viz., (1) remuneration paid in cash to an employee in terms of the contract, (2) any payment .....
Tag this Judgment!Court : Kerala
Reported in : 2007(2)KLJ708
..... bench decision of this court in regional director. esi corporation v. sakthi tiles 1988 (2) klt 280 since that judgment was rendered interpreting the unamended section 85(b) of the employees state insurance act, 1948. counsel submitted when an employer fails to pay amount due in respect of any contribution, the corporation has got the legal right to recover damages by way of ..... on its merits, waive upto 50 per cent damages levied or leviable;(c) in exceptional hard cases, waive either totally or partially the damages levied or leviable.section 85b was amended by act 29 of 1989 and the following words were inserted, 'from the employer by way of penalty such damages not exceeding the amount of arrears as may be specified .....
Tag this Judgment!Court : Kolkata
Reported in : [1996]218ITR149(Cal)
..... a combined reading of these provisions, it is clear that the contributions to provident fund or superannuation fund or a fund under the employees' state insurance act are allowable only if the payments are made within the due date under the acts or the rules or the orders governing such contributions. ..... in sri jagannath steel corporation's case : [1991]191itr676(cal) that the provisos and the explanations are clarificatory or declaratory. we, therefore, held that the amendment was intended to clarify the legislative intent and should apply retrospectively. we finally held where the statutory liability is actually discharged after the expiry of the previous year ..... of such previous year. in order to sort out the possible anomalies and to prevent duplication of deduction, the explanations have been inserted by the direct tax laws (amendment) act, 1987, and, again, by the finance act, 1989.2. the tribunal evidently took the view that the provisions of section 43b would not apply, where .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR674; 2008(5)BomCR513; [2008(119)FLR641]; (2009)ILLJ491Bom
..... at pune rendered on 4/5/2001 was under challenge and the learned judge of the employees' insurance court was pleased to dismiss application (esi) no. 18 of 1993 filed under section 75 of the employees' state insurance act, 1948 ('the esi act' for short). it appears that the sub-regional office of the appellant - corporation at pune had by its letter ..... judgment rendered by the single judge of the high court. the object is to minimise delay and give finality to the adjudication. section 100a is inserted by the amending act of 1976 and after enforcement of section 100a, no appeal would be available from the judgment, decree or order of single judge in second appeal. though the ..... judgement and order of a single judge of the high court in the exercise of the appellate jurisdiction, no such appeal would lie upon the enforcement of the amended provisions of section 100a against a judgment of the single judge rendered on and from 1st july, 2002. in other words, where the decision of the single .....
Tag this Judgment!Court : Chennai
Reported in : (1999)IILLJ766Mad
..... wages excluding remuneration for overtime work exceed such wages as may be prescribed by the central government, a month.3. the appellants have challenged the amendment introduced enhancing the wage limit for the coverage under the employees' state insurance act, 1948, and the inevitable consequence of the same being to bring under the coverage of the act a large number of persons who until ..... issued in exercise of the powers of the central government under section 95 of the employees' state insurance act, 1948 (hereinafter referred to as 'the act'), introducing several amendments of which the one with which we are concerned is in respect of rule 3(1) of the employees' state insurance (central) (second amendment) rules, 1996, which have been declared to come into force from january 1, 1997. the .....
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