...the Government to rehear the representation of the appellant Company pertaining to its exemption of ESI Scheme under Section 87 of the Act for the period from 1-4-1993 to 31-3-1999 by affording...expressing apprehension that the ESI Court may not have the power to grant the relief of exemption from the scheme of the Act and therefore prayed that the appropriate Government be directed to consider the issue of exemption by personal hearing to the appellant and by conducting an inquiry. However, vide order dated 11-10-2001 those writ petitions were disposed of holding that the ESI Court...that grant of exemption to a factory or establishment from the operation of the Act falls within the jurisdiction of the ESI Court under Section 75(1)(g) of the Act which specifically empowers...

...section 88 of esi act in respect of medical representatives/employees who used to remain away from head office for a period of seven months in a year. The application for grant of exemption for such...fashion applied for further exemption from 1.4.95 onwards and by impugned order dated 6.7.2004, the request for exemption from 1.4.95 onwards was declined. The letter declining the exemption reads as under:No. F.25(05)/JLC(ESI)/Lab./03/2092Dated 6.7.2004The Director,Lark Laboratories(India) Ltd.,Lark House, A-105/2,Okhla Industrial Area,Phase-II,New DelhiSub: Grant of exemption u/s 88 of the ESI Act, 1948...provisions of ESI Act and obtain Insurance Numbers of the employees from the Employees State Insurance Corporation so as to make them eligible for the benefits of the ESI Scheme.Yours faithfully,Encl: As above (J.C Negi)Joint Labour Commissioner3. The ground for seeking exemption by...

...Textiles. The respondent Employees State Insurance Corporation (ESIC), on the other hand, is a statutory authority established by Section 3 of Employees State Insurance Act, 1948 (ESI Act) with the responsibility of "administration of scheme of Employees State Insurance" in accordance with the provisions of the said law. 1 2. The appellant CCIC had earlier approached this Court invoking the writ jurisdiction by civil writ petition no. 344/1997 requesting for "exemption" to be granted to it "from applicability...submitted by the respondent-employees and has urged that the only remedy available to the respondent-employees was to approach the Central Government for grant of exemption from the provisions of the Act under Section 88 of the Act. We do not find any merit in this contention. In our opinion, the High Court has rightly held that in view of the provisions contained in Section 75(1)(g) the ESI Court...eighth Chapter of ESI Act and an objection to the "inapplicability" in terms of Section 1(4) of ESI Act seems to have been missed in the present case by the EI Court. It seems to have fallen into error by observing (at second page of the impugned order) that the claim is for exemption from ESI...

...seeking exemption from the provisions of the Employees State Insurance (ESI) Act and in response thereto, memo dated 26.04.2012 (Annexure P-17) from the office of the...Financial Commissioner and Principal Secretary to Govt. of Haryana, Labour Department was received taking a view that as per Section 91 of the ESI Act, 1948 exemption for the past period cannot be granted after 01.10.2006 In such memo, advise had been tendered for submitting fresh application under Section 87 for exemption from the...refer to the application dated 07.02.2014 at Annexure P-18 on the subject of seeking exemption from enforcing of the ESI Act, 1948 on the petitioner-Haryana Ex-Service League.Learned...

...appellant is that, no sufficient opportunity was given to the appellant before passing the impugned order. Further, the appellant-Society has filed an application under section 87 of the esi act seeking exemption from the...employees who are working in the appellant organisation are more M.F.A.No.25114/2013 : 5 : than ten. As such, the organisation comes under the coverage of the ESI Act as per the order dated 08.01.1990 covering the appellant establishment. Further, the very act of the appellant in filing an application seeking an exemption from the...that it falls within the coverage of ESI. As such, it has sought for an exemption by the Central Government from the coverage of ESI Act. Considering the said aspect, this Court in the said MFA No...

...of 2013 -3- PAU Press wherein all facilities are being provided to its employees. An application was also moved by the petitioners for exemption from 1.1.2011 to 31.12.2011 on 27.12.2010 whereas it was a mandatory requirement for every applicant to apply for exemption three months prior to the commencement of the said period. The provisions of section 87 of the esi act were...as per amendment dated 1.6.2010 in Section 91-A of the ESI Act, exemption from the provisions of the Act can be granted from prospective date only and as such, the exemption for the period from...1.1.2011 to 29.6.2011 is violative of amended section 91-a of esi act. Heard arguments of learned counsel for the parties and have also perused the documents available on the file. Undisputedly, the petitioner moved an application for exemption from 1.1.2011...

...favourable to them than the benefits under the ESI Act. Therefore, out of 92 employees only 5 Nos of employees who are drawing salary less than the wage ceiling fixed by ESI Act are alone covered under the ESI Scheme. Hence the Petitioner Company is continuously sought exemption from the...ESI Act under Section 87 of the ESI Act. The said exemption was granted by the Government from 01.01.1990 to 31.03.2006...amendment to ESI Act came into force with effect from 01.06.2010. But, the petitioner Company submitted application for exemption prior to 01.06.2010 i.e., the application was submitted on 02.12.2009 for...

...respondent Employees' State Insurance Corporation (for short 'the ESIC') dated 10.4.1991, moved this Court and sought for a direction to the State Government to grant exemption from the ESI Act. In the said.... 4. Pursuant to the said direction, the first respondent State by its order dated 11.6.1999 refused to grant exemption from the operation of the ESI Act. Para 2 of the said order reads as...that the medical and cash benefits provided by the Madras Race Club, Guindy, to their employees are neither comparable nor superior to the benefits provided under the ESI Act. Therefore, your request for the grant of exemption from the...

...(hereinafter referred to as ESI Act). 3. It appears that the petitioner was granted exemption from 1993 to 2004 on year to year basis. Thereafter, the petitioner filed...applications for exemption from the applicability of the ESI Act. However, these applications were not considered. 4. The petitioner kept quite for 11 long years thereafter.../2016 and 38469/2015. The aforesaid writ petitions were disposed of by separate orders in Exts.P15 to P17, directing the Government to consider the applications of the petitioner for exemption from the provision of the ESI Act and...

...letters - 6 - to the State of Karnataka and the Union of India seeking exemption from coverage under the provisions of the ESI Act, and...several letters to the State of Karnataka and also the Union of India seeking exemption from coverage under the provisions of ESI Act. The learned counsel for the respondent submitted that due to.... Additionally, it was argued that merely writing letters seeking exemption from the ESI Act and its Rules is not asufficient ground to avoid making ESI contributions. Therefore, submitted that on untenable...

...proposal in ref. No. 4636/E-1/2019, dated 15.09.2023 for granting exemption u/s 88 r/w Section 91-A of the ESI Act, 1948 for the periods w.e.f14.10.2022 to 13.10.2023. For Petitioner : Mr.V.O.S.Kalaiselvam For Respondent : Mr.G.V.Vairam Santhosh, No.1 Additional Govt. Pleader For Respondent : Mr.I.Pinayagash No.1 ORDER The petitioner Dindigul Co-Operative Society Milk Producers Union has requested the government to grant exemption from the...' State Insurance Act, 1948 [in short 'ESI Act'] from 14.10.2022 to 13.10.2023 retrospectively under Section 87 r/w 91-A of the ESI Act. It was rejected by the government vide impugned proceedings dated 11.10.2023 that as per Section 91-A of the ESI Act, exemption if...of exemption from the 2/8 coverage of ESI Act retrospectively from 14.10.2022 to 13.10.2023 based on their...

...the packing and supply of beedis. The petitioner is covered under the provisions of the Employees' State Insurance Act 1948 (for short, 'ESI Act'). 2.1 The petitioner has filed this writ petition impugning Exts.P9 and P11, whereby the petitioner's application dated 12.03.2014 seeking exemption from the...provisions of the ESI Act to its establishment for the period from 30.05.2009 to 29.05.2010, 30.05.2010 to 29.05.2011, and 30.05.2011 to 29.05.2012 has been rejected. 3. Section 87 of the ESI Act empowers the appropriate government to grant exemption to...year if it finds that the employer is offering better or equal benefits to its employees than are provided under the ESI Act and the Scheme made thereunder. By way of clarification, Section 91A, which bars granting exemption retrospectively, was inserted in the ESI Act with effect from 01.06.2010...

... Page 3 of 12 ESI Act, they are exempted from the application of the Act. It is case of the petitioner that since they are exempted from the application of the ESI Act, upon filing the appropriate applications exemption was...accordingly, the petitioner got exemption from 1993 onwards. Thereafter, time and again pursuant to the direction of this Court, the petitioner was granted exemption from application of the ESI Act. Thus.... 6.1 He submitted that despite no change in the circumstances, exemption was denied for the year 2018 onwards for no reason. Exemption from inception of the Co- operative Society till the year 2017-18 was granted. As per second proviso to Section 87 of the ESI Act, an...

...some employees/workers' union/associations in CIWTC filed a writ petition in the High Court praying for their exemption from the provisions of the ESI Act, 1948. That pursuant to an order dated...applications both dated 22-3-2005 for exemption from the provisions of the ESI Act as amended up to date in respect of its factory establishments which were covered under the provisions of the said Act. That due...exemption to CIWTC Ltd. from the operation of the ESI Act, 1948 for the period from 1-1-1997 to 30-9-2006. The order reads as follows:“In exercise of the power conferred by...

...Employees' State Insurance Act, 1948 (hereinafter referred to as the ‘the ESI Act’) as the applicant had filed an application before the Government of Kerala for exemption from the coverage of the ESI...’ for short) has come up in appeal.2. On getting Form C-11 notice dated 05.10.2007 from the ESI Corporation, the 1 respondent herein filed I.C.67/2008 before the court below praying...rejecting the application for exemption. It seems that the court below has even gone to the extent of passing the impugned order by directing the ESI Corporation to approach the Minister and to make...

...jurisdiction of the ESI Court, which it did not have, would not confer the jurisdiction upon ESI Court to determine the question of grant and validity of exemption from operation of the ESI Act. Question, which...does not have territorial jurisdiction to pass such an order. As per Section 9 of Guardian and Wards Act, 1890, application is to be filed in District Court having jurisdiction in the place where minor.... 5. Perused the judgment. 6. Apex Court in case of Zuari Cement Limited (supra) held that High Court or Act of respondent-Corporation subjecting itself to...

...petitioner has made an application before "Your Goodselves" meaning the ESI itself, for exemption from operation of the ESI Act, 1948. This part of the letter is hopelessly misinformed because the exemption...of 83/1995, even then, the writ petitioner, since it had no exemption from the State Government, was proceeding on the basis as if the ESI Act was meant for other employers and not for the writ...the writ petitioner on or about October 4, 1999. The grounds for exemption from the ESI Scheme would be found against item 15 given at pages 29 and 30 of the affidavit-in-reply. The State Government has...

...of the petitioner that, by Ext.P12 application filed before the 1 respondent, the petitioner has sought for an exemption from the provisions of the Employees State Insurance (ESI) Act, and...A.K. Jayasankaran Nambiar, J.:— The petitioner has approached this Court aggrieved by Ext.P20 order, and the consequent demand raised against him for recovery of ESI dues. It is the case...confirming a demand of ESI dues on the petitioner.2. I have heard the learned counsel for the petitioner, the Standing Counsel for the ESI Corporation and learned Government Pleader...

...sought direction from the Court not to realise any contribution from the workers of the Union under the ESI Act and also sought exemption from the applicability of the Act for the employees of...19-5-1986 with the modification that “no deduction shall be made from the employer or the employees towards the contribution under the ESI Act provided the respondent employers shall pay the...deduction shall be made either from the employer or from the employees towards the contribution under the ESI Act. The said order was again modified on 9-3-1988 to the effect that the words “payments...

...A.K. Jayasankaran Nambiar, J.:— The petitioner has preferred Ext. P8 representation seeking a clarification on an exemption from the provisions of the ESI Act, that it had...petitioner (Exts.P3 and P4) by the 1 and 2 respondent who are proceeding with the assessment under the ESI Act. The limited prayer of the petitioner at this stage is for a direction to the 3 respondent to...consider and pass orders on Ext. P8 representation expeditiously, and to the 1 and the 2 respondents to refrain from proceedings further with Exts.P3 and P4 notices till such time as orders are passed by...