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 Labour Law Update 


1997-98 || 1999 || 2000 || 2001 || 2002 || 2003 || 2005
ESI   2001

 

1

RAMAKRISHNAN

 

Vs

 

ESI CORPORATION

 

2000 (86) FLR 614 [HC-KER]

1

 

 

2

 

 

3

 

4

  

 

5

AN ESI COVERED EMPLOYEE SUSTAINED INJURY AND THE MEDICAL BOARD CERTIFIED HIS DISABLEMENT AS 6%

 

HIS EMPLOYER DID NOT REDUCE HIS WAGES AFTER THE ACCIDENT

 

HE SUED THE ESI FOR ACCIDENT COMPENSATION

 

ESI CORPORATION REFUSED THE CLAIM ON THE GROUNDS THAT THERE IS NO LOSS IN EARNINGS

 

IS THIS JUSTIFIED ?

1

 

 

 

 

 

2

 

 

3

 

 4

IN VARIOUS JUDGEMENTS UNDER THE WORKMENS COMPENSATION ACT 1923 VARIOUS HIGH COURTS INCLUDING KERALA HIGH COURT HAD HELD THAT ACCIDENT COMPENSATION IS PAYABLE EVEN IN CASES WHERE THE EMPLOYER RETAINS THE INJURED WORKER WITHOUT LOSS OR REDUCTION IN WAGES.

 

IT WAS HELD THAT THIS PRINCIPLE IS NOT APPLICABLE TO ESI ACT CASES.

 

ESI ACT HAS AN EXCLUSION SECTION (Sn 63) WHICH IS NOT FOUND IN THE WORKMENS COMPENSATION ACT

 

HENCE CASE LAWS APPLICABLE TO THE W.C.ACT 1923 CANNOT BE EXTENDED TO SIMILAR ESI CASES WHERE THERE IS NO LOSS IN WAGES.

 

2

REGIONAL DIRECTOR ESI CORPN

 

Vs

 

SAMSON RUBBER INDUSTRIES LTD

 

2000 (II) LJ 1490

[HC-MAD]

 

IS THE ESI CORPORATION BARRED FROM MAKING CLAIMS OR DAMAGES AFTER THE TIME LIMIT PRESCRIBED UNDER SECTION 77 (1-A)

1

 

 

2

UNDER SECTIONS 75 & 77 (I-A) ESI CORPORATION IS BARRED FROM RAISING STALE CLAIMS OF MORE THAN 5 YEARS OLD :

 

HOWEVER WHERE THE EMPLOYER REFUSES TO PROVIDE ANY INFORMATION TO THE ESI AUTHORITIES AND THEY MAKE A SUMARY ASSESSMENT AND ORDER REVENUE RECOVERY UNDER SECTION 45 THERE WOULD BE NO LIMITATION OR BAR.

 

 

3

KIRLOSKAR CONSULTANTS LTD

 

Vs

 

ESI CORPORATION

 

2000 (II) LLJ 1657 [SC]

1

 

  

 

2

 

 

  

3

KIRLOSKAR CONSULTANTS WAS A COMPANY PROVIDING PROFESSIONAL CONSULTATION/GUIDANCE TO OTHER COMPANIES ON PAYMENT OF  BASIS.

 

ESI CORPORATION CONTENDED THAT THEIR ACTIVITIES WOULD BRING IT UNDER THE DEFINITION OF 'SHOP' AND THE ESTABLISHMENT IS TO BE COVERED UNDER THE ESI ACT

 

THE COMPANY CONTENDED THAT THEY ARE NOT SELLING ANY PRODUCT AND ARE ONLY PROVIDING INTELLECTUAL/ PROFESSIONAL ADVICE.

 

1

 

 

 

  

2

RENDERING CONSULTANCY SERVICES TO CUSTOMERS ON PAYMENT IN AREAS LIKE INDUSTRIAL, TECHNICAL, MARKETING, MANAGEMENT AND PREPARATION OF PROJECT REPORTS WOULD AMOUNT TO SALE OF SERVICES AND HENCE WOULD MAKE THE ESTABLISHMENT A 'SHOP'

 

UNDER ESI ACT 'SHOPS' EMPLOYING MORE THAN 20 EMPLOYEES ARE COVERED ESTABLISHMENTS