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Employees’ Insurance Court (E.I. Court)
Under section 74 of the act, Act provides that the State Government shall by notification in the Official Gazette constitute an Employees’ Insurance Court for such local area as may be specified in the notification. Also, the Court shall consist of such number of judges as the State Government may think fit. Any legal practitioner or a judicial officer of minimum 5 years standing is qualified to be an Employees’ Insurance Court (E.I. Court) Judge. Also, the State Government may appoint the same court for two or more local areas or court or vice-versa. Therefore regulate the business distribution between them.
Matters under E.I. Court:
- Dispute’s adjudication: the E.S.I. Court has the sole right to adjudicate disputes, the rate of wages, principal employer, whether or not any person is an employee.
- Claims’ adjudication: the E.S.I. also has the right to claim for recovery of any benefit admissible under this Act, recovery from principal employer’s contribution, action against failure to pay contribution or negligence.
- No Civil Court has the power to decide the matters falling within the purview/ jurisdiction of E.I. Court.
EXEMPTIONS
The appropriate Government may exempt any factory/establishment from the purview of this Act, as well as any person or class of persons employed in any factory/establishment, provided the employees employed therein are in receipt of benefits superior to the benefits under the Act. Such exemption is initially given for one year and may be extended from time to time. Therefore the applicant has to submit application justifying exemption with full details and satisfy the concerned Government.
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