ESIC CASES JURISDICITON

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areng...@eapl.biz

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Jan 1, 2009, 11:29:17 PM1/1/09

to CSMysore, csch...@googlegroups.com

Dear All

First section analysis for the current year 2009. Kindly go through the same.

Section 75 of Employees State Insurance Act 1948 provides that any question or dispute arises various ESI related disputes of the following nature will be decided only from Employees' Insurance Court.

(a) whether any person is an employee within the meaning of this Act or whether he is liable to pay the employee's contribution, or

(b) the rate of wages or average daily wages of an employee for the purposes of this Act, or

(d) the person who is or was the principal employer in respect of any employee, or

(e) the right of any person to any benefit and as to the amount and duration thereof, or

(ee) any direction issued by the Corporation under section 55A on a review of any payment of dependants' benefits, or

(f) Omitted

(g) any other matter which is in dispute between a principal employer and the Corporation, or between a principal employer and an immediate employer, or between a person and the Corporation or between an employee and a principal or immediate employer, in respect of any contribution or benefit or other dues payable or recoverable under this Act, or any other matter required to be or which may be decided by the Employees' Insurance Court under this Act, such question or dispute subject to the provision of sub-section (2A) shall be decided by the Employees' Insurance Court in accordance with the provisions of this Act.

(2) Subject to the provisions of sub-section (2A), the following claims shall be decided by the Employees' Insurance Court, namely :- (a) claim for the recovery of contributions from the principal employer;

(b) claim by a principal employer to recover contributions from any immediate employer;

(d) claim against a principal employer under section 68;

(e) claim under section 70 for the recovery of the value or amount of the benefits received by a person when he is not lawfully entitled thereto; and

(f) any claim for the recovery of any benefit admissible under this Act.

As per sub section (3) of the Section 75 that no court shall have jurisdiction to decide or deal any question or disputes as aforesaid or to adjudicate on any liability which by or under this ACt is to be decided by a medical boad, or by a medical appeal tribunal or by the Employees' Insurance Court. That means no civil court in the country will not be entitled to entertain ESI related disputes.

As per Section 9 of the Civil procedure code that the Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature execpting suits which their cognizance is either expressly or impliedly barred. It shows any legislation which barred to try certain disputes will be exclusively entertain by the court enacted in the respective legislation'

In ESI Act creates a special right or liability and further lays down that questions about the said right and liability shall be determined by the Employees Insurance Court constituted under Section 74 of the ESI ACt

Employers State Insurance Corporation vs Jalandhar Gymkhana Club (1992) : In this case , the Punjab and Haryana High court held that disputes between employers and employees have to decide by the Employees' Insurance Court and Civil courts will have no jurisdiction to decide such disputes.

Conclusion: All disputes arising from ESI including whether a particular establishment comes within the purview of the ESI Act or not to be decided only by ESI Court.