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 Labour Law Update 


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ESI   2004-2005



  REFERENCE   ISSUE RAISED   HELD
1 BOC INDIA LTD


VS

ASST REG DIRECTOR ESI CORP

2004(103)
FLR 593
[HC-AP-SB]

1

 

 

 

2

 SECTION 2(9) READ WITH 2(13) STIPULATES THAT ANY CONTRACT WORKMAN WORKING ON THE PREMISES OF THE PRINCIPAL EMPLOYER OR WORKING UNDER THE SUPERVISION OF THE PRINCIPAL EMPLOYER WOULD HAVE TO BE COVERED UNDER ESI

WOULD A LORRY DRIVER AND HAMMALS ENTERING THE PRINCIPAL EMPLOYERS PREMISES FOR LOADING AND UNLOADING COME UNDER ESI COVERAGE

1

 

 

 

2

 THE CASUAL ENTRY OF LORRY DRIVERS OR HAMMALS FOR LOADING AND UNLOADING OR A TRANSPORT CONTRACTOR FOR BRINGING EMPLOYEES TO WORK WILL NOT FALL UNDER THE DEFINITION IMMEDIATE EMPLOYER UNDER 2(13)OR UNDER 2(9)

ESI AUTHORITIES CANNOT INSIST ON COVERAGE
2 M/S RAJASHREE CEMENT LTD

VS

DEP. DIRECTOR ESI & OTHERS

2004(102)
FLR 836
[HC-KAR-DB]

 1 IS CONVEYANCE ALLOWANCE TO BE TREATED AS “WAGES” FOR PAYMENT OF ESI
CONTRIBUTION

1

 

 

2

 IF IT IS PAYABLE AS AN ITEM INCLUDED IN THE TERMS OF EMPLOYMNT [APPOINTMENT LETTER OR IN AGREEMENTS/SETTLEMENT] IT WILL FALL WITHIN THE FIRST PART OF WAGES UNDER SECTION 2(22) OF THE ESI ACT

SIMILALRLY IF IT IS PAID TO ALL EMPLOYEES IRRESPECTIVE OF WHETHER USING CONVEYANCE OR NOT, IT WILL ATTRACT DEFINITION OF WAGES


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ESI   1999

 

esi corporation

Vs.

harrison malayalam [1998(80) flr 835 sc-db]

 

esi authorities claimed arrears after 17 years for the period 1977-82. is this belated claim maintainable ?

esi authorities can recover even though the claim was made only after 17 years.

esi corporation

vs

mm suri [1998(80) flr 839 sc-db]

 

 

is esi act applicable to an establish-ment employing more than 20 persons where the number of persons drawing wages less than the coverage or limiting salary is less than 20 ?

 

the definition of “factory” under section 2(12) as it stood before the  1966 amendment (wef 28-01-68) required that all employees irrespective of salary must be counted for determining coverage (20 or more).  after the 1968 amendment, only employees drawing salary below the cut off limit are to be counted for deciding 20 or more.