background.
The Employees State Insurance Act is an act for certain
benefits to employees in cases of sickness, maternity and
employment injury and to make ... Act. Under section 26 , a fund
called Employees' State Insurance Fund is created by all the
contributions paid under this Act, the purposes
come to be covered by that Act. On the other hand, the provisions of Section 72 of that Act prohibit withdrawal of the benefits ... maternity benefit granted to women employees to the extent to which such women employees may become entitled to the maternity benefit under the Act:
Provided
ground given by both the Courts is not justifiable. Under the Act , it was the duty of the respondent-Company to get the necessary details ... case of accident, disablement, sickness, maternity etc. is distinct from the contract of insurance in general. Under the Act , the scheme is more akin
come
to be covered by that Act. On the other hand, the
provisions of Section 72 of that Act prohibit withdrawal of
the benefits ... maternity benefit granted to women
employees to the extent to which such women
employees may become entitled to the maternity
benefit under the Act:
Provided
Hari Om And Ors. vs State Of U.P. on 8 January, 1993
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