For a long time there was nothing to protect the workmen against the contingency arising out an employment. The main aim of the act was to provide relief for the workman , if any injury caused to him during his employment. This relief also extend to the dependents of workman. Protection against contingency means sickness, disablement, maternity and employment injury and through this act the workmen get by state insurance. This act covers all factories employing twenty or more employees. By 2011 the act included shops, hotels, restaurant, educational institutions, medical institutions, transportation agencies, cinema House etc..
In the case of Royal Talkies Hyderabad v. E.S.I.C(1978), the question before Supreme Court was that whether the theatre owner will be liable to pay ESI contribution to a private contractor who is running a canteen and cycle stand within the theatre premises . The court held that there exists a employee employers relationship and the owner is bound to provide contribution under ESI act . The requirement to get insured under this act the workmen should be employed on any day of the preceding twelve months.
The act included all factories both private and government factory. But there is an exception for factories to be included in this act they are mine and railway running sheds . Not only factories get exempted there is certain people or class of people are exempted from this act but the appropriate government should notify the exempted person in the Official Gazette. In order to constitute a factory their must be twenty or more employees and their should be manufacturing process carried out by the company and that particular process should be supported by power. There is a Employees State Insurance Corporation constituted under this act . This corporation is established by Central Government for the administration of schemes under ESI. The term of office of Cooperation is 4years .
The Employees State Insurance Corporation has power to employ necessary staff for the effective functioning and also promote and develop the health and welfare of the insured workmen. All the necessary requirements for the welfare and betterment of the workmen is provided under this scheme. The corporation is also responsible to the Central government to prepare budget of expenditure incurred during the year, should maintain an income and expenditure account, annual report of work and activities and all.
Their is a Standing committee under the ESI act to Administrate the affairs of the corporation. The term of office of committee members shall be 2 years and their is a Medical Benefit Council for matters relating to the administration of medical benefits. This Medical Council is also responsible to conduct investment relating to the complaint against the medical practitioner in medical treatment.
Section 46 of the ESI Act deals with the benefits of insured person and his dependents. Six types of benefits is recognized under this section , namely Sickness benefits, Maternity Benefit, Disablement benefits, Dependents benefits, Medical benefits and Funeral benefits. All this benifits are received by the insured workmen when any contingent or casualties arises during the course of employment.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.