Dear Experts,
I am giving below the text of reply given by me to the query raised by one of the professional colleagues of mine. I request you to kindly make comments on it. I also request you to kindly provide the notifications or any documents / text in this regards, if you have.
Text of my reply:
Dear Sir,
Accordingly to my knowledge, earlier, Port Trust were exempted from the ESI Act. However, I have not come across any notification or document to this regards except in the case of ESIC Vs. Cochine Port Workshop Canteen, 2003 LLR 371 :2003 (97) FLR 676 (Ker HC) wherein it is stated that the ESI Act will not be applicable upon a Canteen being run by contractor since the Port Trust has been exempted from the Act.
Also, according to section 1(4) the Act does not apply to factories or establishments belonging to or under the control of Government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.
Port Trust are under the control of Government. Under this pretext, I feel Port Trust were exempted from ESI Act.
But, the GOI, Ministry of Labour and Employment vide its' notification dated 20.07.2009 and subsequent corrigendum dated 24.02.2010 have extended the provisions of the Act to the establishments belonging to or under the control of Central Govt. engaged in Insurance Business, Non-Banking Financial Companies, Port Trust, Airport Authorities and warehousing with rider that the Act applies to all casual and contract employees only those who are coverable.
I do not have the above stated notification dated 20.07.2009 and or subsequent corrigendum dated 24.02.2010. This information I got it from ESIC revenue manual.
I hope, I have answered your query to fullest extend.
From India, Mumbai
2556I am giving below the text of reply given by me to the query raised by one of the professional colleagues of mine. I request you to kindly make comments on it. I also request you to kindly provide the notifications or any documents / text in this regards, if you have.
Text of my reply:
Dear Sir,
Accordingly to my knowledge, earlier, Port Trust were exempted from the ESI Act. However, I have not come across any notification or document to this regards except in the case of ESIC Vs. Cochine Port Workshop Canteen, 2003 LLR 371 :2003 (97) FLR 676 (Ker HC) wherein it is stated that the ESI Act will not be applicable upon a Canteen being run by contractor since the Port Trust has been exempted from the Act.
Also, according to section 1(4) the Act does not apply to factories or establishments belonging to or under the control of Government whose employees are otherwise in receipt of benefits substantially similar or superior to the benefits provided under this Act.
Port Trust are under the control of Government. Under this pretext, I feel Port Trust were exempted from ESI Act.
But, the GOI, Ministry of Labour and Employment vide its' notification dated 20.07.2009 and subsequent corrigendum dated 24.02.2010 have extended the provisions of the Act to the establishments belonging to or under the control of Central Govt. engaged in Insurance Business, Non-Banking Financial Companies, Port Trust, Airport Authorities and warehousing with rider that the Act applies to all casual and contract employees only those who are coverable.
I do not have the above stated notification dated 20.07.2009 and or subsequent corrigendum dated 24.02.2010. This information I got it from ESIC revenue manual.
I hope, I have answered your query to fullest extend.
From India, Mumbai
Respected Korgaonkarji,
The Notification of Central Government dated 20/07/2009 as you have mentioned was published in the Gazette of India No.31, Part-II-Sub-section 3(ii) dated August 1, 2009 at pages Nos. 4525 to 4527.
A copy of the said Gazette of India is enclosed herewith.
Despite of best efforts made by me, I could not locate the Corrigendum Notification dated 24/02/2010. However, you can, if required, try to search out the same in the Notification -Weekly Part II-Sec.3-Sub-section (ii) from the Gazettes published within a period of 2-3 months from 24/02/2010.
From India, Noida
The Notification of Central Government dated 20/07/2009 as you have mentioned was published in the Gazette of India No.31, Part-II-Sub-section 3(ii) dated August 1, 2009 at pages Nos. 4525 to 4527.
A copy of the said Gazette of India is enclosed herewith.
Despite of best efforts made by me, I could not locate the Corrigendum Notification dated 24/02/2010. However, you can, if required, try to search out the same in the Notification -Weekly Part II-Sec.3-Sub-section (ii) from the Gazettes published within a period of 2-3 months from 24/02/2010.
From India, Noida
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