Once that is so, in the present case, the respondent-assessee was entitled to deduction in respect of employer and employee’s contribution to ESI and Provident Fund as the same had been deposited prior to the filing of the return under Section 139(1) of the Act. Employees' State Insurance Corporation v. Surya Printmac Industries, Faridabad, (2000) 1 LLJ 387: 2000 LLR 110 (P&H HC). • Payment of attendance bonus to employees after a settlement will come within the first part of wages for payment of ESI's contributions. Employee's State Insurance Corporation v. c.c. Employees' State Insurance Corporation v. Chirala Cooperative Spinning Mills Ltd., 2005 LLR 591 (AP HC). 1. employees’ provident funds & misc. Transport Corporation of India Ltd, v. Employees' State Insurance Corporation, 1999 LLR 949: 1999 (83) FLR 970 (AP HC). • Expenses incurred by an employer for maintenance of office and incentive to dealers will not be 'wages' under EST Act. 4/99 circulated vide letter no. Employees' State Insurance Corporation v. Bhaskara Motors, Hanamakonda, 2001 LLR (Sum) (AP HC). Union of India, 1996 LLR 162: 1995-11 eLR 360; 1995-1 LLN 1002 (MP HC). Sawarmal Agarwalla v. State of Assam, 2006 LLR (SN) 539 (Gau HC). Bhaslmran v. Asstt. ESI Corporation v. Bharat Hotel, 2008 LLR 1001 (Ker HC). Factory is defined under section 2(12) as "any premises including... ADVERTISING AGENCY IS A SHOP OR NOT? Employees' State Insurance Corporation v. Pushkaran, 1993 LLR 997 (II) LLR: 1993 (83) FIR 89 (Ker HC). Deccan Chronicle (Rep. by its Managing Partner T. Venkatram Reddy) v. G. Pedda Reddy, (2004) 4 ALD 382: (2004) 103 FLR 359: 2004 LLR 809 (AP HC). View Profile | My Other Post. Management of Oriental Hotels Ltd., Chennai v. Employees' State Insurance Corporation (represented by Regional Director), Chennai, (2001) 1 LLN 943: (2002) 1 LLJ 14: 2001 LLR 489 (Mad HC). Employees' State Insurance Corporation, Hyderabad v, Raj Kamal Transport, Hyderabad, 1995 LLR 20: 1994-II CLR 667: 1994 (85) FJR 454 (AP HC). Act ID: 194834: Act Number: 34: Enactment Date: 1948-04-19: Act Year: 1948: Short Title: The Employees State Insurance Act, 1948: Long Title: An Act to provide for certain benefits to employees in case of sickness, maternity and employment injury and to make provision for … This is specifically the case when the salary of the employee covered under the ESI Scheme exceeds the wage limit of Rs. • ESI contributions payable on wages to temporary packers and machinery maintainer. 195 per day, Rs. • Wages paid to the labour for loading and unloading will attract ESl's contributions. 2 (22) of the Employees' State Insurance Act, 1948 defines the term 'wages' as all remuneration paid or payable in cash to an employee, if the terms of employment, express or implied, were fulfilled and includes any payment to an employee in respect of any period of authorized leave, lock out, strike which is not illegal or layoff and other additional remuneration, if any, paid at intervals not … In the Employees’ Provident Funds Scheme, 1952, (hereinafter referred to as the said Scheme), in paragraph 60, after sub-paragraph (5), the following sub-paragraph shall be substituted, namely:—, “(6) Interest shall not be credited to the account of a member from the date on which it has become Inoperative Account, under the provisions of sub-paragraph (6) of paragraph 72”, 3. 1 In one case, the petitioner engaged in manufacture of eatables and selling them at the counter has been engaging needy women to manufacture the items and were paid on piece rate basis. 4030 per month, Semi-Skilled: Rs. Hindustan Petroleum Corporation Ltd. v. Employees' State Insurance Corporation (represented by its Regional Director), 2008 LLR 490 (AP HC). Mohan Meakin Ltd. v. Employees' State Insurance Corporation, 2006 LLR 195 (HP HC). Ranganayakalu Naidu, 2001 LLR 513 (Karn HC). Mummidipalli Syamaladevi v. Regional Director, Employees' State Insurance Corporation, 2003 LLR 538: 2003 (97) FLR 372 (AP HC). 4/99 circulated vide letter no. Employees' State Insurance Corporation v. Karnataka Asbestos Cement Products, 1991 LLR 775 (Kar HC). Employees' State Insurance Corporation v. FACT Engineering Works, (2002) 3 KLT 467: 2002 LIC 3909: (2603) 1 CLR 578: 2003 LLR 619: 2003 (97) FLR 308 (Ker HC). Umayal (Full Bench), 2007 LLR 1054 (Mad HC). Employees' State Insurance Corporation, Gauhati v, Management of Rajshri Pictures (Pvt.) Under this Act, the contribution is made not only by the employee but also by the employer. Sambunath Sen, Proprietor, East India Glass Industries v. Employees' State Insurance Corporation, (2002) 95 FLR 810: 2003 LLR 361: 2003•1 LLJ 347 (Cal HC). 15000 pm with effect from May 1, 2010 are excluded under … Employees' State Insurance Corporation v, M/s. Prasanta Kumar Majhi v. Managing Director, Orissa Mining Corporation, Bhubaneswar, 2001 LLR 695 (Ori HC). The allowances h... >> What is the definition of a Factory for coverage under ESI? International Ore & Fertilizers (India) (Pvt.) 25(E).—In exercise of the powers conferred by Section 5, read with sub-section (1) of Section 7 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), the Central Government hereby makes the following Scheme, further to amend the Employees’ Provident Funds Scheme, 1952. namely. Cannanore Durg Lines v. E.S.I. Employees' State Insurance Corporation v. Hotel Amred, 1998 LLR 658: 1998 (79) FLR 961 (Ker HC). In the earlier Act the benefit was applicable only on attaining the age of superannuation. Reunion Engineering Company Pvt. 21 of 2018, wherein the petitioner made an application under Section 75 (2B) of the said Act for waiver of the deposit of fifty percent of the amount due, contemplated under the said sub‐section, and prayed for injunction as well. Associated Electrical Agencies v. Commissioner for Workmen's Compensation & Judge, (1994) 69 FLR 749: (1994) 2 LLN 533: (1994) 1 LLJ 368: 1994 LLR 860 (Bom HC). Jaiswal Rolling Mill, 2008 LLR 606 (Cal HC). Ltd., (1997) 1 sec 625: AIR 1997 SC 244: (1997) 2 LLJ739: (1997) 1 CLR 403: 1997 LLR 225: 1997-1 CLR 403 (SC). Employees' State Insurance Corporation v. Mackintosh Bum Ltd., (2000) 1 LLJ 155: 2000 LLR 287 (Cal HC). Employees' State Insurance Corporation v. New Taj Maha! Illegal search or seizure: ESI that has been illegally seized by the police must be excluded from evidence in trial. Employees' State Insurance Corporation, Kanpur v. M/s. Gauri Mohan Pohoomul v. Regional Director, Employees' State Insurance Corporation, (2004) 4 Mah LJ 1027: 2005 LLR 52 (Bom HC). • Overtime wages paid for loading and unloading to the employees will attract the ESI's contributions. Employees' State Insurance Corporation, Bangalore v. Mizar Govind Annappa Pai & Sons, Mangalore, 2004 LLR 286 (Karn HC). Society Ltd. v. Employees' State Insurance Corporation, (1998) 78 FLR 307: 199711 CLR 1104 (Bom HC). Munshaw Industries v. Employees' State Insurance Corporation, 2005 LLR 299 (Bom HC). Regional Director, Employees' State Insurance Corporation, Madras v. Godrej Soaps (Pvt.) Regional Director, Employees State Insurance Corporation v. Reliance Corporation, 2005 LLR 708: 2005 11 CLR 471 (Bom HC). Regional Director, Employees' State Insurance Corporation v. Popular Automobiles, (1997) 7 SCC 665: AIR 1997 SC 3956: 1997 LLR 1146 (SC). Yes. Regional Director, Employees' State Insurance Corporation v, Pradeep Kumar, 2006 LLR 130 (Ker HC). In view of the above, the substantial questions of law are answered against the revenue and in favour of the assessee. Deputy Director, Employees State Insurance Corporation, Bangalore v. Proprietor, M/s. Eachin Steamer Agents Association v. Employees' State Insurance Corporation, 2004 (I) LL] 617 (Ker HC). Ltd. v. The Regional Director, Employees' State Insurance Corporation, Bangalore, 2001 LLR 783 (Karn HC). Employees State Insurance Law in India is regulated by the Employees State Insurance Act, 1948 which mandates the various provisions of the Employees Provident Fund Law in India. Employees' State Insurance Corporation v. Apex Engineering (Put.) Employees' State Insurance Corporation v. Enfield India Ltd., 1994 LIC 250: 1995 LLR 81 (Mad HC). Cricket Club of India Ltd., Bombay v. Employees' State Insurance Corporation, (1992) 1 Mah LJ 483: 1992 LLR 729: 1992 (65) FLR 941 (Bom HC). Ganesh Textiles v. Regional Director, Employees' State Insurance Corporation, Jaipur, (2004) 100 FLR 398: (2004) II LLJ 136: 2004 LLR 213 (Raj HC). Director, Employees' State Insurance Corporation! As in-charges are your regular employee, and deputed for various stations at different states. V,S. Regional Director, Employees' State Insurance Corporation v. Tulsiani Chambers Premises Cooperative Society, 2008 LLR 362 (Bom HC). Section 91 A of the Act is amended to removing. Mehra v. Insurance Inspector, Employees' State Insurance Corporation, Sonerat, (1993) 1 LLI 488: 1992 LLR 446 (P&H HC). Abu Marble Mining Pvt. • Production incentives paid to the employees under Production Incentive Scheme in addition to normal wages when being paid quarterly i.e. 16) Permanent Partial/Total Disablement. Nizam Club rep. by its Secretary v. Employees' State Insurance Corporation, 2005 LLR 1038 (AP HC). Madhya Pradesh State Road Transport Corporation v. Employees' State Insurance Corporation, 1991 LLR 17 (MP HC). Employees' State Insurance Corporation, Bangalore v. A.K. In the case M/S Central Office Mewar Palace Organization Pvt. 5070 per month, Skilled: Rs. Bharaqgath Engineering v. R. Ranganayaki, (2003) 2 SCC 138: (2003) I LLJ 558: (2003) 1 LLN 819: 2003 LLR 227 (SC). They may not serve as a basis for allegations of misconduct or claims for relief and they do not create any rights or privileges for any party. Tuticorin Thermal Power Station Industrial Cooperative Society Ltd., Tuticorin v. Dy. The ESI Act has been enacted to provide certain benefits to the case of sickness, maternity and employment injury and make provisions in respect thereof. For example, if the police failed to secure a valid warrant before obtaining e-mails, the ESI cannot be used in court; Transient communications: Some laws All India Trade Union Congress, Unit Hotel Agra v. Director General, ESIC New Delhi, 2005 LLR S06 (All HC). Seshasayee Paper Mills v. Seshasayee Paper and Boards Ltd., (2000) 111 LLJ (Supp) 617: 1998 (92) FJR 148: 1998 LLR 251: 1998 (79) FLR 10 (Mad HC). Regional Director, Employees' State Insurance Corporation v. Kerala Wheat Flour Roller Mill. Employees' State Insurance Corporation (Indore) v, Swadeshi Daily Newspaper, Gwalior, 1992 LLR 141 (MP HC). M/s. Singanallur Co-operative Housing Society (represented by its Secretary), Coimbatore v. T. Sathyamoorthy (Deceased), 2002 LLR 591 (Mad HC). (1) This Scheme may be called the Employees’ Provident Funds (Amendment) Scheme, 2011. All Escorts Employees Union (Regd.) Anitha v. Regional Director, Employees' State Insurance Corporation, (2003) 10 sec 303: AIR 2003 SC 3393, (2003) 3 LLJ 855, (2003) 3 KLT 813, 2003 LLR 1075, 2003 (99) FLR 341 (SC). Narashimha Mills Ltd., Coimbatore v. Regional Director, Employees' State Insurance Corporation, Madras, 2000 LLR 784 (Mad HC). National India Rubber Works Ltd" through its Factory Manager, Katni v. Employees' State Insurance Corporation, through its Regional Director, Indore, 2007 LLR 993 (MP HC). Employees' State Insurance Corporation v. P.B. dear Paras in your case u just check employee covered by which act 1-workman compansation act 1923 or 2-ESI act if there is workman compensation 1923 is applicable then according to sec 3 " in the course of employment" the person is eligible for compansation. Employees' State Insurance Corporation, Hyderabad v. Chirala Cooperative Spinning Mills Ltd., Chirala, Prakasam, 2005 (I) LLJ 910 (AP HC). Santhakumar, 2007 LLR (SN) 328 (SC). Harrison Malayalam (Pvt.) Managing Director, Orissa Textile Mills Ltd. v. Mandardhar Naik, 1995 Supp (3) SCC 442; 1995 sec (L&S) 1921; 1996 LLR 215 (SC). Tata Tea Ltd. v. Employees' State Insurance Corporation, (2000) 96 FJR 603: (2000) 1 LLN 616: (2000) 86 FLR 248: 2000 LLR 1038 (Karn HC). In the case M/S Central Office Mewar Palace Organization Pvt. • Grant of canteen subsidies to the employees will not be wages for the purpose of ESI's contributions. Employees State Insurance Law in India is a self-financing and self-regulating social security scheme of the Central Government of India. E.S.I Corporation (Rep. by its Regional Director) v. Bethall Engineering Company (rep. by Mrs. S.V. Vellipalaym Co-operative Milk Supply Society v. Regional Director, Employees' State Insurance Corporation, Madras, (2004) 2 CTC 494: (2004) 3 Mah LJ 315: (2004) II LLJ 885: 2004 LLR 887 (Mad HC). Krishnankutty Nair v. Regional Director, Employees' State Insurance Corporation, 2008 LLR 768 (SC). Bharat Heavy Electricals Ltd. v. ESI Corporation, 2008 LLR 562 (SC). Thus aggrieved, and raising questions as contemplated in Section 75 of the ESI Act, the petitioner approached the Employees' Insurance Court with Tender Case No. BOC India Ltd., Calcutta v. Assistant Regional Director, ESI Corporation, Hyderabad, 2005 LLR 4 (AP HC). Regional Director, Employees' State Insurance Corporation v. Francis De Costa, (1996) 6 sec 1: AIR 1997 SC 432, 1996 LLR 953 (SC). Case Laws relating to Employees Provident Fund & Miscellaneous Provisions ACT • SEC 1 – Separate balance sheets can’t be pressed as proof of functi9onal independence more so when there were common supervisory and management controls. provisions act, 1952 & the schemes 2-3 2. employees’ state insurance act, 1948 & scheme 4-5 3. factories act, 1948 6-7 4. industrial disputes act, 1947 8-9 5. payment of bonus act, 1965 10-11 6. payment of gratuity act, 1972 12-13 7. payment of wages act, 1936 14-15 8. Padmini Products, Bangalore v. Regional Directors, Employees' State Insurance Corporation, Bangalore, (2000) 97 FJR 423: (2000) 2 CLR 361: (2000) II LLI 86: 2000 LLR 846 (Karn HC). Employees' State Insurance Corporation, Sub-Regional, Hubli v. Belgaum Milk Union, Belgaum, 2003 LLR 1106 (Karn HC). (ii) COVERAGE OF EMPLOYEES ENGAGED THROUGH A CONTRACTOR. Tata Yodogawa Ltd. v. State of Bihar, 2008 LLR 781 (SN) (Jhar HC). ESI coverage is area specific. An 'employee' under Section 2(9) of ESI Act, means “any person who is engaged/employed for wages/salary in connection with the work of the establishment”. The compensation is approximately 70% of their wages, with the upper limit for availing compensation being 91 days in a year. Bhakra Beas Management Board v. Employees' State Insurance Corporation, (2003) 2 LLN 537: (2003) II LLJ 637: 2003 LLR 450: 2003 (97) FLR 376 (Del HC). 1. employees’ provident funds & misc. P.B. Insurance Corporation, Madras, (2003) 2 CLR 738: (2003) 3 LLN 303: (2003) III LLJ 416: 2003 LLR 844: 2003 (98) FLR 1108 (Mad HC). Home HR & Labour Laws, ... Can an employer, in essential services, permit an employee to use his accrued leave in case he not able to report? Kumbakonam Milk Supply Coop. The apprentices who ... G.L. Pls Team can you provide me circumstances under which damages under ESI act … Garage Kamat, v. Regional Director, Employees' State Insurance Court, Bombay, (1998) 3 LLN 665: 1998 LLR 979: 1998 (80) FLR 360 (Bom HC). • Attendance bonus scheme as announced, voluntarily by the employer will not be 'wages' to attract ESI contributions. Regional Director, Employees' State Insurance Corporation v. Vijaymohini Mills, (1990) II LLJ 464: 1991 LLR 109 (Ker HC). Rajveer Singh v. Judge, Labour Court, (1996) 1 CLR 724: 1996 LLR 61 (Raj HC). Start a discussion Unanswered. D.C.M. P-12(l1)-11127/99-Ins.IV dated 14thJune 1999. Employees' State Insurance Corporation through Regional Director (Indore) v. Central India Sales Corporation, 1996 LLR 1150: 1997-11 LLN 256 (MP HC). Jayant Vitamins Ltd., & Ratlam v. Employees' State Insurance Corporation, 2001 LLR 271 (MP HC). Employees' Stat~ Insurance Corporation v. Aluminium Industries Ltd., 2003 LLR 23 (Ker He). Employees' State Insurance Corporation v. Vijayamohini Mills, (1990) II LL) 464: 1990 LLR 305: 1990 (1) LLN 902 (Ker HC). The Employees’ State Insurance Act, 1948 is one of the most important laws that provide social security. (Regd.Office Madras, 2004 LLR 621 (Mad HC). K. Mohan and Co. v. Assistant/Deputy Director ESJ Corporation, Hyderabad, 2008 LLR 107 (SN) (AP HC). Faridabad v. Union of India, (1997) 77 FLR 832: 1998 II LLJ 1040 (P&H HC). Duvent Fans (Pvt.) Corporation v. Hotel Alukkas, 2008 LLR 329 (Ker HC). Association v. Union of India, (1998) 92 FJR 608, (1998) 1 KLT 505, 1998 LLR 404, 1998 (79) FLR 20 (Karn HC). J.D. Employees' State Insurance Corporation v, Dave Griha Udyog, 2000 LLR 1201 (MP HC). What is prime Facie adjustment has been dealt in the following case laws:-CIT vs Mekins Agro-Products Ltd, 55 taxmann.com 216 (Andhra Pradesh and Telangana) Section 143 of the Act provides for different modes of disposals that can be given to the returns filed by the assessee. Case Laws relating to Employees Provident Fund & Miscellaneous Provisions ACT • SEC 1 – Separate balance sheets can’t be pressed as proof of functi9onal independence more so when there were common supervisory and management controls. Khanna v. Union of India, 2006 LLR 1249 (Del HC). Bangalore Amateur Institute v. Regional Director, Employees' State Insurance Corporation, (2001) II LLJ 746: 2001 LLR 862 (Karn HC). In order to understand who must receive this money, we must know who these “dependants” are. Bhaskaran, 1997(77) FLR 156 (Ker HC). • Limitation Act will not be applicable for recovery of ESI's contributions. 1600/- • The efficiency award, being paid to the employees every week, will be treated as wages to attract ESI contributions. • 'Wages' - Meaning of - Employer introduced voluntary scheme for payment of production bonus to its employees - Subject to a ceiling of Rs. Employees' State Insurance Corporation (Indore) v. Swadeshi Daily Newspaper, Gwalior, (1992) 1 LLN 261: (1992) 1 CLR 406: 1992 LLR 141 (MP HC). Sec. SOCIAL SECURITY LAWS in India. • ESI contributions not payable on freight, coolie, ironing, labour and conveyance expenses. So prepare the check points to compliance under ESI/PF Act and other labour labour laws. Employees' State Insurance Corporation v. FACT Engineering Works, (2002) 3 KLT 467: 2002 LIC 3909: (2003) 1 CLR 578: 2003 LLR 619: 2003 (97) FLR 308 (Ker HC). Swastik Textile Engineers Pvt. Reliance placed on the judgment of the Supreme Court.'. Employees' State Insurance Corporation v. F. Fibre Bangalore (Pvt.) Regional Director, Employees' State Insurance Corporation, Madras v. Sundaram Clayton Ltd., Moppet Divn. M/s Goetze (India) Ltd. v. Employees' State Insurance Corporation, 2008 LLR 897 (SC). Bharal Steel Industries v. Regional Director, Employees' State Insurance Corporation, Kanpur Nagar, (2001) 90 FLR 556, 2001 All LJ 2019, (2001) 3 LLN 874, 2001 LLR 1003 (All HC). Management of Oriental Hotels Ltd., Chennai v. Employees' Stale Insurance Corporation (represented by Regional Director), Chennai, (2001) 1 LLN 943: (2002) 1 LLJ 14: 2001 LLR 489 (Mad HC). Shourie Duplicators (Pvt.) Employees' State Insurance Corporation, Bangalore v. Dharwad Cooperation Milk Producers Societies Union Ltd., Dharwad, 2000 LLR 348 (Karn HC). Regional Director, E.S.I.C. esic services will be available to these mobile and migratory workers with no geographical barrier. This amendment is notified vide Central Government Notification No. Madhya Pradesh State Road Transport Corporation v. Employees' State Insurance Corporation, 1991 LLR 311: 1991 (62) FLR 369: 1991 CLR 924 (MP HC). • While making recovery of dues, the ESI Authorities are under obligation to serve a notice before proceeding with recovery. Regional Director, Employees' State Insurance Corporation v. Capital Co-operative Industries Society Ltd., 200] LLR 506 (Del HC). (a) for the words “but no claim has been preferred” the words “but no application for withdrawal under paragraphs 69 or 70 or transfer, as the case may be has been preferred ” shall he substituted: (b) for the words “three years”, at both the places where they occur, the words “thirty six months” shall be substituted. Employees' State Insurance Corporation v. M/s. Rainbow Industries v. Regional Director, Employees' State Insurance Corporation, (2001) 89 FLR 412: (2001) 1 LLN 1193: 2001 LLR 420 (Bom HC). Employees' State Insurance Corporation v. F.B. Harihar Poly fibres v. Employees' State Insurance Corporation, (1984) 4 SCC 324: AIR 1984 SC 1680: (1984) 2 LLN 747: 1984 LIC 1570: 1984 (65) FJR 199 (SC). ESIC v. Ved Prakash Gupta, 2008 LLR 881 (Del HC). Contribution is the sum of money payable to the Corporation by the Principal employer in respect... CHAPTER VII- PENALTIES 84. Regional Director, Employees' State Insurance Corporation v. Madhavi Enterprises, Madras, 2009 LLR 17 (Mad HC). Employees' State Insurance Corporation v. Tiecicon Pvt. Corporation, Kanpur, 2007 LLR 1268 (All HC). 2007 LLR 1061 (Ker HC). Employees' State Insurance Corporation v. R.P.M. Ltd. v. Employees' State Insurance Corporation, 2005 LLR 991 (Ker HC). Employees' State Insurance Corporation v. Standard Pottery Works, (2001) 3 KLT 55: (2001) 2 KLT 258: 2001 LLR 1246 (Ker HC). It contains six kinds of ESI benefits that injured employees can avail. Thomas and Sons v. Regional Director, Employees' State Insurance Corporation, (1997) 1 KLJ 321: (1997) 3 LLN 640: 1997 LIC 2208 (Ker HC). Other wise idefalt in payment of dues to be paid by principal with damage & interest accordingly. Gupta, 2002 LLR 687: 2002 LIC 1014, 2002 (93) FLR 1147: 2002-1 LLI 1143: 2002 (2) LLN 649 (Ori HC). M. Gopikrishnan v, Employees' State Insurance Corporation, (1997) 2 MLJ 205, 1997 (2) LLN 924, 1997-II LLN 924 (Mad HC). Un-Skilled: Rs. • Mere ex-gratia, gift or inam will not be wages for ESI contributions. • Conveyance allowance will not attract ESI's contributions. M/s Sumangali v. Regional Director, ESI Corporation, 2008 LLR 941 (SC). It is a rare case that does not involve the preservation, review and production of ESI. Federation v. Regional Director, Employees' State Insurance Corporation, (2004) 1 LLJ 880: 2004 LLR 50 (Karn HC). Ranchi Refractories v. Regional Director, Employees' State Insurance, Patna, 2005 LLR 620 (lhar HC). Malum Meakin Ltd. v. Employees' State Insurance Corporation, 2006 LLR 195 (HP HC). You may need to download version 2.0 now from the Chrome Web Store. Wilson Elser is pleased to provide the 2018 ESI Case Law Update, our annual compendium of cases dealing with issues and developments surrounding electronically stored information (ESI). The PF old balance will stop earning interest. Section 91 A of the Act is amended to removing. 10000 TO Rs. K.K.A. Sarin, (1993) 4 SCC 363: 1994 SCC (L&S) 3: 1993 LLR 945 (SC). • Payment of Bata made to running staff in a settlement will constitute 'wages' for ESI contributions when there is no evidence that such payment was to meet incidental expenditure. Moinoddin, son of Khodboddin v. State of Maharashtra, (2003) 98 FLR 634: 2003 LLR 741: 2003-11 LLJ 1040: 2003-11 LLN 479 (Bom HC). The Construction site workers who were kept out of coverage of ESI act till date, Now covered with the implementation of it roll out "any time, anywhere". v. Baby Francis, 2008 LLR 534 (Ker HC). M/s. Moinoddin, son of Khodboddin v. State of Maharashtra, (2003) 98 FLR 634:.2003 LLR 741: 2003 (II) LLJ 1040: 2003 (II) LLN 479 (Bom HC). It is a libility of contractor to contribute towards ESI act. (v) DAMAGES INTEREST FOR LATE OR NON-DEPOSIT OF CONTRIBUTIONS. Regional Director, Employees' State Insurance Corporation v. Prakashan, 2007 LLR 615 (Ker HC). Siddeshwar and Company v. Employees' State Insurance Corporation, 1998 LIC 157: (1997) 3 LLN 589: (1997) 77 FLR 558: 1997 (3) LLN 589 (Kar HC). Thirunelveli Cooperative Milk Supply Society Ltd. v. joint Regional Director, Employees' State Insurance Corporation, Madras, 1995 LLR 157; 1994-11 CLR 871; 1994 (69) FLR 744 (Mad HC). Ideal Trading Corporation v, Employees' State Insurance Corporation, (2001) II LLJ 498: 2001 LLR 1055 (Gau HC). Key Update: From 15th Feb., 2020, new Companies registered through MCA Portal, www.mca.gov.in need not comply with provisions of ESI Act till they reach threshold limit of ESI coverage or initial 6 months whichever is earlier. form i; form ii; form iii; form iv; form iv-a; form v; model standing orders.
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