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The establishment M/s Radhika Theatre, situated at Warangal, Telangana was covered under ESI Act w.e.f. 16.01.1981 on the basis of Form 01 dt. 27.01.1981 submitted by the petitioner establishment. Thereafter Corporation issued C-11 dated 04/02/1981 to the Employer informing the coverage of the unit.
Supreme Court held that insertion of sub-section (6) to section 1 is effective from 20.10.1989. Hence, on and after 20.10.1989, irrespective of number of persons employed a factory or an establishment shall be governed by the ESI Act.
The Hon’ble High Court observed that Conciliation Officer is not an Industrial Tribunal or a Labour Court and does not exercise judicial/quasi-judicial functions and/or does not adjudicate the claims of /disputes between the parties.
It was further pointed out by the petitioner that the respondent – workman cannot be termed as workman within the meaning of Section 2(S) of the Industrial Dispute Act, 1947.
Delhi High Court addresses compliance issues in the case of Ansal Properties & Neelam Bhutani. Key points on Industrial Disputes Act, 1947, and the court’s decision.
Whether forfeiture of gratuity, under Payment of Gratuity Act, 1972, is automatic on dismissal from service, is issue for consideration in this case.
A plain reading of the definition of Section 2(22) of the ESI Act makes it amply clear that wages means all remuneration paid or payable in cash to an employee, if the terms of the contract of the employment, expressed or implied, were fulfilled and includes other additional remuneration, if any, paid at intervals not exceeding two months.
Kerala High Court held that interim relief granted to the workers at 20% of the wages of the works will come within the purview of the definition of basic wages as mentioned in Section 2(b) of the the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.
The Honble High Court observed that in terms of Section 30 of the Employees’ Compensation Act, 1923, a challenge to the order of a Commissioner can be made only on a substantial question of law. The present case was totally factual in nature and no substantial question of law took place.
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