Skip to main content

ESI: What are Employment Injuries

Most of us know that the ESI provides immense benefits to employees. However, in order to ensure that those benefits reaches the employee in need, we need to know the basics of coverage and the benefits and employment injuries. This is an endeavor to compile key perspectives of laws on Employment  Injuries, as defined by the ESI Manual.


Employment Injury 

Employment Injury is defined in Section 2(8) of the Act as under : -

“Employment Injury means a personal injury to an employee caused by an accident or an
occupational disease arising out of and in the course of his employment, being an insurable
employment, whether the accident occurs or the occupational disease is contracted within or
outside the territorial limits of India.”

This require three important aspects to be eligible for the disablement benefits/terminal benefits -

- Injury should be caused by an accident or an occupational disease
- Such injury/disease ought to have arising out of an din the course of employment
- the employment should be insurable
- Territorial limits for insurable purpose has no boundaries of India as an insurable employee
   may have been injured even abroad - the notion of extension of arising out and in the course of his employment comes to he help of the employee


Comments

Popular posts from this blog

MCS MAHARASHTRA COOPERATIVE HOUSING SOCIETY MODEL BYE LAWS 1 TO 100

MODEL BYE – LAWS OF COOPERATIVE HOUSING SOCIETY (Tenant Co‐Partnership Housing Society ) 2014 1 I.PRELIMINARY 3 a. The Name of the Society bye Law no 1. a 3 c. The Society is classification bye Law no 1. c 3 a. The registered address of the Society bye Law no 2. a 3 II. INTERPRETATIONS BY E LAW NO 3 3 III. AREA OF OPERATION BYE LAW NO 4 6 IV. OBJECTS 7 5. The objects of the Society bye Law no 5 7 V. AFFILIATION BYE LAW NO 6 7 VI. FUNDS, THEIR UTILISATION AND INVESTMENT 7 ( A ) Raising of Funds bye law no 7 7 (B)Share Capital bye law no 8 8 (C) Limit of Liabilities bye law no 11 8 (D) Constitution of the Reserve Fund bye Law no 12 8 (E) Creation of Other Funds bye law no 13 a. b. c. d. 9 b. Major Repairs Funds bye law no 13 b. 9 (F) Utilisation of the Funds by the Society bye law no 14 9 a. Reserve Fund bye law no 14 a 9 b. Repairs and Maintenance Fund bye law no 14 b 9 c. Sinking Fund bye law no 14 c 9 (G) Investment of Funds

MCS MAHARASHTRA COOPERATIVE HOUSING SOCIETY BYE LAWS 101 TO END

MCS BYE LAWS CONTINUED FROM PREVIOUS POST 101 TO END 101. If all the business on the agenda of the General Body Meeting of the Society cannot be transacted on the day on which the General Body Meeting is convened, the meeting shall be postponed to any other suitable date as may be decided by the Members present at the meeting, however not later than 30 days from the date of the meeting. 102. The Chairman of the Society shall preside over all General Body Meetings of the Society, in case if the Chairman is absent or if present and is unwilling to preside, the Members present may elect a person from amongst themselves to preside over the meeting. 103. No proxy or a holder of power of attorney or letter of authority shall be eligible to attend a General Body Meeting of the Society on behalf of a Member of the Society. 104. Voting right of a Member and the Associate Member of the Society shall be regulated in accordance with the provisions of Section 27 of

Mere Abusive Language not a serious misconduct to inflict capital punishment - Madras High Court in Worker vs Hindustan Unilever Limited

Important Points: Alleged Misconduct: The Worker barged into the shop floor, where the Production Manager and H.R.Executives were holding a meeting with the operators of Hassia Machine;  b) he disrupted the meeting and started abusive language against the Executives and the Manager and scolded the Executive by name Sundaram in a filthy language and c) he also intimidated him by holding him by his shift collar, thereby created an unpleasant atmosphere Long ago, there was prior incident of misconduct. HC's View and reference to series of judgements: - Use of abusive language by itself cannot constitute a serious misconduct fit for capital punishment - The context and the provocations to be borne in mind while determining the punishment - The Class of the work-men and the abuse to be considered from the level where he came from    and also the time lapse which can unwound the harm if any caused - Consider the age of workmen, duration of the dispute  and the feasibility of he getting e