that preparation of eatables does not fall under
“manufacturing process” and hence, ESI Act is not applicable to the
appellant-club ... employees. Contending that preparation of
food items does not amount to ‘manufacturing process’ and that provisions
of ESI Act are not applicable
ESI Act is in violation of Section 2A of the
ESI Act read with Regulation 10B of the Employees’ State Insurance ... ESI Act.
2.1 An appeal was preferred before the Employees’ State Insurance
Court, Bombay (hereinafter referred to as “ESI Court”) against
ESI Act
claiming that the provisions of the ESI Act were not applicable to them as
they were governed ... State Government was not applicable to the Committee
as the “appropriate government” to extend the provisions of the ESI Act to
the said
covered under the Employees’ State
Insurance Act, 1948 (hereinafter referred to as ‘Act’ for
brevity) from 12.01.1965. Contributions under the Act were
paid ... Section 1 of ESI Act, 1948.
(2) To declare that the provisions of ESI Act are
not applicable to the employees
under the EPF/ ESI Act , to the extent there was shortfall
16
in deposit of the employees' contribution/ESI contribution ... year, was not applicable with respect to employees'
contribution. It was argued therefore, that when the assessee did not deposit the
employees' contribution
ESI Act and, therefore, they are not
obliged to pay any contribution under the ESI Act .
6) The Deputy Director ... power as defined under
the Act.
15) The Employees State Insurance Act is a beneficial legislation. The main
purpose of the enactment as the Preamble
created by Section 53 of
the ESI Act was not at all applicable; and therefore, the
High Court committed an error in dismissing ... provides that all employees in factories or establishments
to which the ESI Act applies shall be insured in the manner
provided it. Under
rules. Thus, the DACP Scheme does not override or
supersede statutory regulations made under the ESI Act ;
(iv) Section 17(2) permits ... Government mandated under Section 17(2)(a) of
the ESI Act, they do not override the DACP Scheme;
(ix) The ESIC Recruitment Regulations
not pay the statutory
contribution under the ESI Act for the period during which it paid
interim wages to its employees. The ESI ... only applicable to the
employees of the Central PSES, and it does not anywhere say that
the interim relief is not “wages” as defined under
ESI
Scheme were not applicable to the toddy shops according to the appellants;
assuming that the Employees' State Insurance Act ... ESI Scheme. In this view the El Court
held that the provisions of ESI Scheme were not applicable to the employees
