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K. MURALI SHANKAR
Employees State Insurance Corporation (SRO), Madurai – Appellant
Versus
Sri Matha Spining Mills Pvt, Ltd. , Lakshmanapatti, Kalanampatti, Dindigul – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 82(2) of the Employees State Insurance Act 1948, to call for the records relating to the fair order and Ex-Order dated 20.02.2020 passed by the Hon''ble E.S.I Judge, E.S.I Court (Labour Court) Madurai in E.S.I.O.P.No.54 of 2012 and set aside the same.)
1. The Civil Miscellaneous Appeal is directed against the order passed in E.S.I.O.P.No.54 of 2012, dated 20.02.2020 on the file of the Employees'' State Insurance Court (Labour Court), Madurai.
2. For the sake of convenience and brevity, the parties herein after will be referred as per their ranking/status before the ESI Court.
3. It is not in dispute that the Social Security Officer attached to the respondent, inspected the petitioner''s Mill on 16.06.2011 and 17.06.2011; that on the basis of the report filed by the Social Security Officer, the respondent has issued a notice in Form C-18, dated 07.07.2011 proposing to levy E.S.I., contribution at Rs.51,66,359/- and that after the personal hearing and after receipt of written representation from the employer and on perusing the records produced by them, the respondent has passed an order, dated 13.06.2012 under Section 45-A
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The interpretation of Section 2(22)(d) of the ESI Act and the exclusion of conveyance allowance from the definition of 'wages' influenced the court's decision to quash the impugned judgment and resto....
The employer must provide clear evidence to substantiate claims regarding the nature of payments made to employees, and failure to do so allows the ESI Corporation to determine contributions based on....
Payments for transport charges do not constitute wages under the Employees' State Insurance Act, and contractors are not considered employees as per the Act's definitions.
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