Skip to main content

Labour Law: Employee State Insurance Act Case Laws

 Employee State Insurance Act Case Laws



Churtaman Rao vs State of MP

An independent contractor who performs contracts by making bidis in the factory is an independent contractor. Hence, he would not be covered as an employee. As no employer-employee relationship was set up no compensation would be granted to him.

Janki Ammal vs Divisional Engineer 1956

Employees must prove that at the time of employer's business or in furtherance of the same, he should not do something for his own personal gain. 

State of Rajasthan vs Ram Prashad and Ors.

Employee died in the course of employment due to natural lightening while working on the site. Held: He is an employer as he died in the course of employment. Therefore, he would be allowed the compensation.

Tremain vs Pike, 1970

There should be reasonable steps taken to avoid exposing the servant to the reasonable risk of injury.

Mackinnon Mackenzie & Co. Ltd. vs Miss Velma William, 1964

If the person died in the course of employment it was held that he would be allowed the compensation.

Sheela vs ESI Corporation, 1991

In this case, a person died in the course of employment while waiting for the bus. It was held that since he died in the course of employment, he would be allowed the compensation.

Frontiers Motor Car Co. Ltd. vs Regional Director 1991

It was held that the Directors are not under the definition of an employee under this Act.

Indian Jute Co. vs ESI Corp. WB, 1977

A company was running a jute and cotton factory. There were some workers working in it. It was held that these were employees within Section 2(9) of this Act.

Emperor vs Taylor 10 Bom LR 38

In this case the definition of occupier was defined. It was said that any person who has the right of regulation and controlling of the factory or have a predominant position is known as the occupier.


Also Read:

1. Jurisprudence: Administration of Justice

https://lawpaws007.blogspot.com/2022/04/jurisprudence-administration-of-justice.html

2. Jurisprudence: Relationship between Law and Ethics

https://lawpaws007.blogspot.com/2022/04/jurisprudence-relation-between-law-and.html

3. Administrative Law: Ombudsman

https://lawpaws007.blogspot.com/2021/12/ombudsman.html

4. Privacy Law: The Aftermath of Puttaswamy's Judgement

https://lawpaws007.blogspot.com/2021/12/privacy-law-aftermath-of-puttaswamys.html

5. Case Laws

https://lawpaws007.blogspot.com/search/label/Case%20Laws

6. Labour Law: Employee State Insurance Act

https://lawpaws007.blogspot.com/2022/04/labour-law-employee-state-insurance-act.html

7. Know the law 

https://lawpaws007.blogspot.com/2022/04/know-law.html

8. Shipping Contract and the clauses covered under it

https://lawpaws007.blogspot.com/2021/12/shipping-contracts-and-clauses-covered.html

9. Labour Law: Employee Compensation Act

https://lawpaws007.blogspot.com/2022/04/labour-law-employee-compensation-act.html

10. Labour Law: Minimum Wages Act

https://lawpaws007.blogspot.com/2022/04/labour-law-minimum-wages-act-1948.html

11. Labour Law: Equal Remuneration Act

https://lawpaws007.blogspot.com/2022/04/labour-law-equal-remuneration-act.html

12. Labour Law: Bonded Labour Act

https://lawpaws007.blogspot.com/2022/04/labour-law-bonded-labour-act.html

13. Labour law: Payment of Wages Act

https://lawpaws007.blogspot.com/2022/04/labour-law-payment-of-wages-act-1936.html

Labels:

Comments

Post a Comment

Popular posts from this blog

BA-LL.B. (Semester 7): All You Need to Know

 Indian Evidence Act Unit - I - Definitions and Relevancy of Facts Ss 1-16 - Admissions and ConfessionsSs 17-31 - Statements by Persons who cannot be called as witnesses Ss 32-33 - Statements made under special Circumstances Ss 34-38 - How much of a statement is to be proved S- 39 - Judgement of Courts of Justice when releventSs 40-44 - Opinions of Third Persons when relevant Ss 45-51 - Character when relevant Ss 52-55 - Facts which need not be proved Ss 55-58 - Of Oral Evidence Ss 59-60 - Of Documentary Evidence Ss 61-90 Unit - II - Of the Exclusion of Oral by Documentary Evidence Ss 91-100 - Of the Burden of Proof Ss 101-114-A - Estoppel Ss 115-117 - Of Witnesses Ss 118-134 - Of the Examination of Witnesses Ss 135-166 - Of Improper Admission and Rejection of Evidence S- 167 Tenancy and Land Laws PunjabLand Revenue Act, 1887 Definition of Key words Revenue officers and their powers Revenue Records Assessment of land revenue Collection of land revenue Partition Jurisdiction of civi...
Post a Comment
Read more

Book Review for Law School: Law of Torts by RK Bangia

by Harmanjot Kaur Book Review: RK Bangia Even before entering into Law School, we are often bombarded with legal maxims and Case Laws for CLAT and other such law school entrance exams. 'Res Ipsa Loquitor' is one of these famous maxims, we often encounter in law schools. However, in order to ease the process and not bunging the whole year in stress and law school books, we would discuss the pros and cons of choosing the books. And one can choose the one which suits best according to the strengths and weaknesses. Law school is full of confusion and chaos. One day you would be involved in some moot court, another day there would be some debate competition going on. Here, we would review a shortlist of books and how to choose which would work best in the career of the law field.  The first year of law school would include the smearing of the book named 'Law of Torts' authored by RK Bangia. Here we would have a book review of the book as if this would serve the purpose vivid...
Post a Comment
Read more

Polity

  \ Political System Development of the concept of the Political System Famous Books Human Nature in Politics written by Graham Wallas, 1908 Arthur Bentley's book written by The Process of Government   Meaning of Political System The term 'Political System' is related to power, rule and authority and organisation of these attributes in a systematic order.   Definitions of political system:   Robert A. Dahl: A political System is any persistent pattern of human relationships that involves to a significant extent power, rule and authority.   Almond and Powell: When we speak of political system, we include all interactions which affect the use of or threat to legitimate coercion.   David Easton: Political System is a set of interactions abstracted from the totality of social behaviour, through which authoritative values are allocated for a society.   ...
Post a Comment
Read more