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Search Results for "ESI contributions"

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Supreme Court

Supreme Court Overturns High Court's Exemption of Nagar Nigam, Allahabad from ESI Act Obligations. Workshop Classified as 'Factory' Under Employees' State Insurance Act, Must Seek Exemption from Government Authority

17 May 2024

The Supreme Court of India overturned the Allahabad High Court's decision which had exempted the Nagar Nigam, Allahabad (now Municipal Corporation, Al...

Supreme Court

Supreme Court Dismisses Employer's Appeal Against ESI Interest Demand, Upholding Statutory Interest Under ESI Act and Regulations. Interest on Delayed Contributions from 1975 to 1988 Held Payable at 6% and 12% Rates as Per Regulation 31-A and Section 39(5)(a), with No Waiver Permitted Under the Act or Article 142.

29 Oct 2021

The dispute arose from a demand by the Employees' State Insurance Corporation for contributions and interest from The Transport Corporation of India L...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Labour Court Award in Service Dispute — Petitioner Failed to Prove Continuous Employment and Termination. The court held that the workman bears the burden of proving continuous service and termination, and the Labour Court's finding based on evidence was not perverse.

11 Apr 2018

The petitioner, Shri Mahadev K. Naik, filed a Writ Petition under Articles 226 and 227 of the Constitution of India challenging the Award dated 24/05/...

High Court

Bombay High Court Dismisses Petitions Challenging ESIC Admission Classification Based on Insurable Service Duration. Classification of insured persons into Groups I, II, III based on 5/4/3 years of service held not violative of Article 14 of the Constitution of India.

10 Aug 2017

The petitioners, Samiksha Dhole and Rasika Pohare, filed writ petitions challenging the admission notice dated 28.6.2017 issued by the Employees' Stat...

High Court

High Court of Bombay Dismisses Appeal by Employer in ESI Contribution Dispute — Upholds Order Under Section 45A of ESI Act for Non-Production of Records. Employer Failed to Discharge Burden of Proof by Producing Relevant Records, Hence No Substantial Question of Law Arises.

22 Apr 2016

The appellant, M/s. Shilpa ReRollers Pvt. Ltd., a private limited company covered under the Employees State Insurance Act, 1948, was issued a show cau...

High Court

Bombay High Court Partly Allows Appeal in ESI Act Case — Honorarium Paid to Elected Secretaries Not Wages, Mazdoori Khata Paid for Lunch Hour Work Is Wages. The court interpreted Section 2(22) of the Employees' State Insurance Act, 1948 to exclude honorarium paid to non-employee members but include remuneration for work during lunch hours.

20 Apr 2016

The appellant, Khadi Gramodyog Emporium, was assessed by the ESI Corporation for contributions on honorarium paid to two elected secretaries (Shri Sha...

High Court

Bombay High Court Allows Revenue's Appeal on Employees' Contribution Deduction in Income Tax Case. Employees' contribution to PF/ESI/pension fund is deductible under Section 36(1)(va) only if paid before due date, not under Section 43B.

14 Oct 2014

The case involves two appeals filed by the Commissioner of Income Tax under Section 260A of the Income Tax Act, 1961, against the common order of the ...

High Court

Bombay High Court Allows ESI Corporation's Appeal, Holds ESI Court Cannot Waive Statutory Interest Under Regulation 31A of ESI (General) Regulations, 1950. The ESI Court's order waiving interest on delayed contributions was set aside as the interest is mandatory and not discretionary.

9 Apr 2012

The Regional Director of the Employees' State Insurance Corporation (ESIC) appealed against an order of the ESI Court which, while disposing of an app...

High Court

Bombay High Court Dismisses ESI Corporation's Appeal in Clubbing of Establishments Case - Employees of Sister Concerns Not Deemed Employees Under Section 2(9) of ESI Act. The court held that functional integrality alone is insufficient to treat employees of separate firms as employees of the principal establishment.

23 Feb 2005

The Regional Director, Employees' State Insurance Corporation, filed an appeal against the order of the Employees' State Insurance Court which allowed...

High Court

Bombay High Court Allows Appeal in ESI Act Coverage Dispute — Head Office Not Covered Under ESI Act, Branch Employees Cannot Be Clubbed. Clubbing of employees of branches not covered under ESI Act with head office employees for determining coverage under Section 1(5) of the Employees' State Insurance Act, 1948 is impermissible.

22 Feb 2005

The appellant, H. Fillunger & Co. Pvt. Ltd., Pune, filed an appeal against the order of the Employees' State Insurance Court, Pune, which had upheld t...

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