CiteTEXT
...disposed of those writ petitions with direction to the appellant to approach the ESI Court constituted under Section 74 of the Act. The appellant filed the review petition before the High Court, inter...from 1-4-1993 to 31-3-1999 by affording personal hearing to the appellant. The review petition was dismissed observing that the appellant has an alternative remedy before the ESI Court constituted under Section 74 ...of exemption or reject the same as the case may be.8. Section 75 of the Act deals with the matters to be decided by the ESI Court constituted under Section 74 and the...
...approach the ESI Court under Section 74 and 75 of the ESI Act.
3. In view thereof, this writ petition is disposed of, keeping open all the contentions of the petitioner...
ORDER
The writ petitioner challenges the order passed under Section 45A of the ESI Act, 1948 as well as the consequential order dated 27.09.2024...to be raised before the ESI Court. It goes without
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saying that, since the petitioner claims urgency, as...
...the ESI Act, the dispute raised by the appellant is covered and is to be decided by the Employees' Insurance Court established under Section 74 of the ESI Act and it being a special Act the jurisdiction...raised by Shri Vijay K. Mehta, the learned counsel for the respondent that by virtue of Section 74 read with Section 75, and particularly Section 75(e) of the ESI Act, the claim made by the appellant would....16. Relevant portions of Sections 74 and 75 of the ESI Act are reproduced below:“74. Constitution of Employees' Insurance Court.—(1) The State...
...Court disposed of those writ petitions with direction to the appellant to approach the ESI Court constituted under Section 74 of the Act. The appellant filed the review petition before the High ...from 01.04.1993 to 31.03.1999 by affording personal hearing to the appellant. The review petition was dismissed observing that the appellant has an alternative remedy before the ESI Court constituted under Section ...petitioner is to deposit 25% of the contributions assessed as mandated under Section 45-AA of the ESI Act, 1948. The petitioner has rushed to this Court without complying...
...so found and on perusal of both oral and documentary evidence it is incumbent on the part of the jurisdictional Insurance Court constituted under section 74 of the ESI Act to consider all the oral and documentary e...is a seasonal factory, cannot be a decision a Court constituted under section 74 of the. ESI Act.8. In the instant case, apparently the learned Court does not appear to have applied...under section 74 is a Court and the proceeding being...
...under Section 74 of the ESI Act, as a result of which the Industrial Tribunal had no jurisdiction to deal with the dispute.4. The objection to the maintainability of the...period of sickness by reason of the provisions of Section 49 of the ESI Act. The dispute in this appeal is, therefore, confined to a period of 13 days of sick leave only, for which the workmen are...being paid half wages by the appellant.6. To justify the deduction of half wages from 13 days of sick leave, the appellant relies on the provisions of Section 72 of the ESI Act...
...(for short, the Corporation), under the ESI Act.Section 74 of the ESI Act reads:Constitution of Employees' Insurance Court. —(1) The State Government shall, by notification...Court has been appointed for the same local area, the State Government may, by general or special order, regulate the distribution of business between them.Section 75 of the ESI Act reads...aforementioned, we dispose of these writ petitions with the following observations/directions:5. The petitioners may approach the ESI Court, constituted under S. 74 of the ESI Act, by...
...that Chapter VI of the ESI Act deals with adjudication of disputes and claims. The Employees Insurance Court has been constituted under Section 74 of the ESI Act. Section...effect that under the provisions of Sections 74 and 75 of the ESI Act, such an objection could be raised and decided by the Employees Insurance Court (for brevity, ‘EIC), which is established under the...short, ‘ESI Act’). It is also submitted that respondent No. 2 is not a factory as defined in sub-section (12) of Section 2 of the ESI Act. It is pointed out that, even though...
...considered by the ESI Court (Chapter VI of the ESIC Code). Section 74 refers to the Constitution of Employees Insurance Court. Section 75(3) provides that no Civil Court shall have jurisd...decided by Employees Insurance Court when the question or dispute arises with regard to the matters as enumerated in Section 25. He submitted that the Section 75 of the ESI Act clearly provides that Right...relates to subject matter of Section 75 of ESI Act.
2. Heard learned advocate Shri Sachin D. Vasavda appearing for the
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...short, 'E.I. Court') constituted under Section 74 of the Act by filing an application under Section 75 (1) (g) of the ESI Act. The said Court, after completion of full fledged trial will consider ...non-profit organization or it is exempted from the provisions of the ESI Act, is a question of fact which this Court cannot consider. Petitioner herein has to approach Employees' Insurance Court ( for..., by way of filing an application under Section - 75 (1) (g) of the ESI Act. Two weeks from today is granted to the petitioner to avail said remedy. Till then, the respondents are directed not to take...
...Court') constituted under Section 74 of the Act by filing an application under Section 75 (1) (g) of the ESI Act. The said Court, after completion of full-fledged trial, will consider all the...organization or it is exempted from the provisions of the ESI Act, is a question of fact which this Court cannot consider. Petitioner herein has to approach Employees' Insurance Court (for short, 'the EI...filing an application under Section - 75 (1) (g) of the ESI Act. Two weeks from today is granted to the petitioner to avail said remedy. Till then the respondents are directed not to take any...
...ESI Court constituted under Section 74 of the Act has no jurisdiction to take up the question of grant of exemption. The Court constituted under Section 74 of the ...Constitution of India. But the question of exemption under Section 87 cannot be raised under Section 75 of the Act and the ESI Court constituted under Section 74 of the Act...dated 13.07.2006 in the writ petition, the appellant approached the EI Court by a petition (ESIC no. 04/2016) under Section 75 of ESI Act. It appears that a preliminary issue was framed by EI court on...
...act, any question ornd adjudication of any liability under ESI Act, it is to be decided by the employees Insurance Act set up udder section 74 of esi court and hence the Forum has no jurisdiction to...no jurisdiction to decide thend complaint since there exists an employees set up under section 74 of esi act to Insurance Court decide all kinds of issues and disputes. But our Honble Supreme Court in...for ` 431, ` 628, ` 419, ` 1248, ` 2298, ` 2113 and ` 3808 are to be settled on seniority basis and hence order to these effect maybe issued. According to 2 opposite party as per section 75(3) of esi...
...Article 226 of the Constitution of India. But the question of exemption under Section 87 cannot be raised under Section 75 of the Act and the ...Court constituted under Section 74 of the Act has no jurisdiction to take up the question of grant of exemption. The Court constituted under Section 74 of the Act cannot decide such matters includ...exemption from the purview of the ESI Act as per Sec.87 of the Act, can be challenged before the Employees' Insurance Court (EI Court) as per the provisions contained in Sec.75(1)(g...
...of those writ petitions with direction to the appellant to approach the ESI Court constituted under section 74 of the Act. The appellant filed the review petition before the High Court, inter alia...to 31.3.1999 by affording personal hearing to the appellant. The review petition was dismissed observing that the appellant has an alternative remedy before the ESI Court constituted under section 74 of...the contributions assessed as mandated under section 45-AA of the ESI Act, 1948. The petitioner has rushed to this Court without complying statutory provision. One of the...
...as under:-
" 9. As per the scheme of the Act, the power to grant exemption is a plenary power given to an appropriate government. It follows that the ESI Court constituted under Section ...cannot be raised under Section 75 of the Act and the ESI Court constituted under Section 74 of the Act, cannot decide the legality or otherwise of an order relating to exemption passed by the...., (1984) Supp. SCC 661.
11. While disposing the writ petitions, of course, the High Court directed the appellant to approach the ...
...may, the first respondent challenged the said order dated 23.04.2002, before the ESI Court, Bangalore (Additional Industrial Tribunal) in ESI Application No. 74/2002 under Section 75 of the said Act...JUDGMENTThe appellants being aggrieved by the impugned order dated 25.01.2007, passed in ESI Application No. 74/2002 on the file of the Employees State Insurance Court..., which is also erroneous.8. Issue No. 3 is opposed to Section 45A of the ESI Act and in view of the well settled law, laid down by the Apex Court and this Court, the impugned judgment is...
...2019 (Ext.P4).
5. This Court has held that the Employees Insurance Court is constituted under Section 74 of the ESI Act, 1948 and
...Regional Director of the ESI Corporation, in exercise of its powers under Section 85-B of the ESI Act, 1948, passed Ext.P2(A) order, whereby damages amounting to ₹1,59,552/- for the wage periods from...Insurance Court, Thrissur
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invoking Section 75 of the Employees State Insurance Act. Along with Ext.P1...
...issue with regard to the benefit under the Act is to be considered by the ESI Court (Chapter VI of the ESIC Vode). Section 74 refers to the Constitution of Employees Insurance Court. Section 75 (3..."[ V[J] 9ZFJ[, K[ S[ " The controversy and issue involved is realting to the provisions of the ESI Act, 1986. It is evident that section 75 (e) of the ESI Act, clearly provides that any such...) provides that no Civil Court shall have jurisdiction to decide or deal with any dispute or question arising under this Act. In fact, for the issue regarding medical benefit under the ESI Act, the Act...
...nature can very well be raised before the Employee Insurance Court constituted by the State Govt. under section 74 of esi act, whreafter further remedy lies by way of an appeal provided under Section 82 of...part-time and thus do not fall within the definition of employee under Section 2(9) of ESI Act .
4. On the other hand, learned counsel for the respondent...of the Coordinate bench of this court. 4.4 From the above discussion and the decisions cited by the respondents, it is clear that ESI Act is applicable to educational institutions. The question that...