Define the term 'E.I. Court'. Which types of matters are decided by the E.I. Court?

CS Executive · Setting Up of Business, Industrial and Labour Laws · PYQS · June 2024
Define the term 'E.I. Court'. Which types of matters are decided by the E.I. Court?

Answer & Explanation:

Section 74 of Employees' State Insurance Act, 1948 provides that the State Government shall by notification in the Official Gazette constitute an Employees' Insurance Court (E.I) for such local area as may be specified in the notification. The Court shall consist of such number of judges as the State Government may think fit. Any person who is or has been judicial officer or is a legal practitioner of 5 years standing shall be qualified to be a judge of E.I Court. The State Government may appoint the same Court for two or more local areas or more Courts for the same local area and may regulate the distribution of business between them. Matters to be decided by E.I. Court According to Section 75 of Employees' State Insurance Act, 1948, following matters to be decided by the EI Court: If any question or dispute arises as to- whether any person is an employee within the meaning of this Act or whether he is liable to pay the employee's contribution, or the rate of wages or average daily wages of an employee for the purposes of this Act, or the rate of contribution payable by a principal employer in respect of any employee, or the person who is or was the principal employer in respect of any employee, or the right of any person to any benefit and as to the amount and duration thereof, or any direction issued by the Corporation under section 55A on a review of any payment of dependant's benefits, or 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 provisions of sub-section (2A) shall be decided by the Employees' Insurance Court in accordance with the provisions of ESI Act. Subject to the provisions of sub-section (2A), the following claims shall be decided by the Employees' Insurance Court, namely: -- claim for the recovery of contributions from the principal employer; claim by a principal employer to recover contributions from any immediate employer; claim against a principal employer under section 68; 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 any claim for the recovery of any benefit admissible under ESI Act.

Topics: Labour Laws

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