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Employee's State Insurance Act, 1948
- The Royal Commission of Labour appointed by the British Government has recommended that:
- Workers should be helped at their pitiable and helpless condition for sickness, maternity and disablement
- Sickness benefits should be provided in two modes: Medical benefits and financial benefits
- The State should provide a system for control
- Amounts are to be mutually arranged by contributions of both employers and employees
- Contributions are premiums of insurance
- Provident fund etc. should be made available for employees who retire or die
- The Bombay Textile Labour Enquiry Committee, 1940 recommended the introduction of sickness insurance as recommended by the Royal Commission of Labour and stressed for a legislation for the same
- The Act has 100 Sections and 3 Schedules
- Employees State Insurance Rules, 1950 deals with the procedural implementations of this Act
- Preamble: Act to provide certain benefits to employees in case of sickness, maternity and employment injury and to make provisions for certain other matters in relation thereto
- Contributory Principal: Employers: 4% and Employees: 1.5%
- Applicable to all factories, including Government factories, run with power and having 20 or more employees.
- Excludes Mines under the Mines Act and Railway running sheds
- Section 2(8): Defines 'Employment Injury'
- 'arising out of and in the course of employment'
- Could be because of an accident or an occupational disease
- Within or outside the territorial limits of India
- Personal Injury (is wider than bodily injury)
- Does not include members of the Indian Military, Navy and Air Force
- Section 2(13): Defines 'Immediate Employer'
- Section 3: Establishment of the Employees State Insurance Corporation
Related Cases / Recent Cases / Case Laws
- Employees State Insurance Corporation v A K Abdul Samad, Criminal Appeal Jurisdiction, Criminal Appeal No. 1065-1066 OF 2005, Supreme Court of India judgment dated March 10, 2016 dealt with criminal proceedings that can be instituted under ESIC Act
- Delhi Gymkhana Club Ltd v Employees State Insurance Corporation, Civil Appeal Jurisdiction, Civil Appeal No 2415 OF 2003, Supreme Court of India judgement dated October 28, 2014
- March 8, 2016: Registration Process under 5 Labour Acts to be Integrated with E-Biz Portal
- August 20, 2013: Violation of ESI Act