Court : Kerala
Reported in : [2006(111)FLR953]; (2006)2LLJ990Ker
..... .2. the learned counsel appearing for the appellant, mr. t.v. ajayakumar, relied on section 85-b of the employees' state insurance act, 1948, in short 'the act', and submitted that the object of 1989 amendment, which came into effect in the year 1992, was such that the existing penal provisions were made more stringent, and further made suitable ..... by regulation 31-c. hence, the above arguments of the counsel for the establishment, cannot be accepted.12. while claiming damages through exhibit b2 order dated december 5, 2002, the regional director of the corporation, had relied on hindustan times ltd. (supra), and also gave details therein, narrating the facts, which led to the demand of ..... the principles of law, i hold that the remittance of an amount of rs. 2,41,555/- , towards insurance contribution with interest, with the delay of 241 to 575 days on june 12, 2002 and june 19, 2002, will not help the employer of the establishment to challenge the claim of damages made under section 85-b of .....
Tag this Judgment!Court : Kerala
Reported in : 2003(2)KLT469; (2003)IIILLJ365Ker
..... 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 cause of action cannot be said to have ..... 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 accounting officer at ..... employer and the 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 .....
Tag this Judgment!Court : Kerala
Reported in : 2007(2)KLJ708
..... 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 ..... 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 ..... the claim for damages was demanded excluding the litigation period, but so far as interest is concerned the entire period of delay has to be taken into account. insurance court after considering the rival contentions allowed the application in part setting aside ext. a1 order dated 18-7-2001 and ext. a3 form c-l 8 .....
Tag this Judgment!Court : Kerala
Reported in : (2003)IIILLJ768Ker
..... only after the decision by the insurance court in the proceedings is laid under section 75 of act. until then, the cause of action cannot be said to have arisen. in other words, there is no bar of limitation. it is seen that the act was subsequently amended by section 30 of the amendment act 28 (29) 0f 1989, which ..... and madras high courts reported in hyderabad race club, malakpet, hyderabad v. employees' state insurance corporation 1998-iii-llj (supp)-877 (ap) transport corporation of india ltd. v. employees' state insurance corporation 1999-ii-llj-581 (ap-db), regional director, esic v. cigifl ltd., 2002-ii-llj-635 (kant) regional director, esi corporation v. henry wolsey and co. ..... hand, mr. antony dominic, appearing for the respondents, pointed out that a contrary view had been taken in eid parry (i) ltd. v. employees' state insurance corporation 2002 3 lln 164. he had referred to the following observations:'proviso to clause (b) of explanation to sub-section (1-a) of section 77 of the .....
Tag this Judgment!Court : Kerala
Reported in : [2001(91)FLR1104]
..... those who became employees and agents of the corporation on the appointed day under this act. under s. 48(2a), 'the regulations and other provisions as in force immediately before the commencement of the life insurance corporation (amendment) act, 1981, with respect to the terms and conditions of service of employees and agents ..... of the corporation including those who became employees and agents of the corporation on the appointed day under this act, shall be deemed to be rules made under ..... the petitioner-lic submitted that the industrial tribunal has actually no jurisdiction to go into the dispute. according to him, in view of the lic amendment act, 1981 and the regulations framed invoking powers thereunder, the industrial tribunal's jurisdiction stood barred. case law was also relied on in that regard. he .....
Tag this Judgment!Court : Kerala
Reported in : AIR1981Ker185
..... resorted to the terminology of 'in occupation of any land and the homestead thereon, or in occupation of a hut......' in the proviso to section 2 (25) as amended by the amending act, 1969. when this court pointed out that still the emphasis of the fiction is on the permissive aspect of occupation and not on the status of the person as ..... advert to in due course hereinafter, as already stated.24. now we take up explanation ii-a to section 2 (25) of the k.l.r. act as amended by the k.l.r. (amending) act, 1972 in the background of the legislative history discussed above, the sequence of which, very briefly stated is : when the words 'in occupation of a kudikidappu ..... the legislative intent the courts shall not introduce into the statutory provision 'words or phrases which might succeed where the draftsman failed' as said by lord simonds in the ayreshire insurance case (1946) 1 all er 637 (at p. 641) itself.26. two things have to be emphasised in this connection and they are; (i) the fiction is .....
Tag this Judgment!Court : Kerala
Reported in : I(2000)ACC507; 1999ACJ1499; [1999]98CompCas40(Ker)
..... the goods or his representative carried in the vehicle' were added with effect from november 14, 1994, by the amendment act 54 of 1994.7. section 95(l)(b)(i) provides that the act policy would indemnify the insured against any liability which may be incurred by him in respect of the death of or bodily injury to any person ..... of employment. thus, the confinement of the operation of the main provision was in respect of vehicles and also passengers. the amendment brought to section 95 by the amendment act 56 of 1969 was then considered. as mentioned earlier, after the amendment, clause (b) contained sub-clauses (i) and (ii). provisos (i) to (iii) continued as such. the effect ..... of the event out of which a claim arises, or (iii) to cover any contractual liability.' 4. before the amendment under act 56 of 1969 section 95(l)(b) contained only one clause. it read as follows :'(b) insures the person or classes of person specified in the policy to the extent specified in sub-section (2) against any .....
Tag this Judgment!Court : Kerala
Reported in : (2000)ILLJ771Ker
..... case in asokan's case, the above dictum laid down by the supreme court is conclusive with regard to the scope of the amendment act 30 of 1995. counsel for the insurance companies however maintained the stand that the decision of the supreme court above mentioned is not the law declared under article 141 of ..... learned judges did not consider the various provisions of law and the effect of the amendment act and well laid down rules of interpretation, while deciding civil appeal nos. 16904 to 16909 of 1996.9. we heard learned counsel appearing for insurance companies mathew jacob, n. nandakumara menon and a.a. mohammed nazir and also ..... occurred and when the commissioner finally decided the claims of the workmen, the amendment act was not in force. claimants were satisfied with the award passed by the commissioners under workmen's compensation act. however, aggrieved by the quantum fixed by the commissioners, insurance companies have preferred appeals before this court. however, in m.f.a.no .....
Tag this Judgment!Court : Kerala
Reported in : 1998ACJ1048; (1998)IILLJ896Ker; 1998(1)KLT951
..... in asokan's case (supra), the above dictum laid down by the supreme court is conclusively with regard to the scope of the amendment act 30 of 1995. counsel for the insurance companies however, maintained the stand that the decision of the supreme court above mentioned is not the law declared under article 141 of ..... learned judges did not consider the various provisions of law and the effect of the amendment act and well laid down rules of interpretation while deciding civil appeal nos. 16904-16909 of 1996.9. we heard learned counsel appearing for insurance companies m/s mathew jacob, n. nandakumara menon & a.a.mohammed nazir and ..... occurred and when the commissioner finally decided the claims of the workmen, the amendment act was not in force. claimants were satisfied with the award passed by the commissioner under workmen's compensation act. however, aggrieved by the quantum fixed by the commissioner, insurance companies have preferred cross-objections. when the appeals came up for hearing .....
Tag this Judgment!Court : Kerala
Reported in : (1991)ILLJ541Ker
..... was held that the employees of the vijayawada establishment are covered by reason of the inclusive part of the definition added to section 2(9) of the act by the amending act of 1966. that full bench decision was affirmed by the supreme court in (1978-i-llj-181). in fact, the more important question that was highlighted ..... court mainly relied on the fact that the employees are being transferable from one branch to another. if one branch is under the coverage of the insurance scheme under the act, the employees in the other branch where the notification as such is not applicable on account of the fact that that branch was engaging only less ..... company ltd. the andhra pradesh high court held thus:-'the employees of a branch of a factory or establishment would come within the purview of the employees' state insurance act, 1948, notwithstanding that the total number of persons employed therein is less than 20, if the total number of persons employed in the several branches of the establishment .....
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