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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

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