Employee Insurance Courts (EIC) under the Employee State Insurance Act (ESAI)

As per S.75(1)(g) EIC is empowered to decide matters which are in  dispute  between the employer and employee or the employer and Employees State Insurance Corporation, set up under this Act. The nature of the disputes which come under S.75 would be related to contribution, benefits, dues, remuneration etc. which are payable and or recoverable under the Act. OR any other matter required to be decided by EIC under the provisions of the Act.

The EIC has full jurisdiction to settle all the claims filed under the ESIA.

The claims that can be made under the Act are: – Recovery of contribution from the principal employer or any immediate employer, or recovery of any benefits admissible.

– Repayment of benefits improperly received by any person, etc.

These claims can be decided by the EIC subject to the provisions of S.75 (2A). It provides that the decision of the medical board is conclusive and binding on both the parties and the EIC is bound to make an award in accordance with that decision.

An exception to this would be where the EIC hears an appeal [under S.54A(2)] against the decision of the medical board. It may then make its own assessment and find out whether the decision of the medical board is erroneous or not.

With regards to matters[1] filed by the principle employer against the Corporation can be raised in the EIC only when that the principle employer filing the claim has deposited fifty per cent of the amount due as (or as claimed by the Corporation) with the EIC. This deposit can be waived off or reduced only if the court has accepted to do the same in writing S.75 (2B).

When a cause of action for claim arises no recourse can be taken before any other court for compensation since the appropriate remedy can be available under the ESI Act [S.75 (3)]. The appeal to the High court will lie only if it involves a substantive question of the law and nothing else. Thus, ensuring that the process of availing relief is speedy.

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[1] in respect of any contribution and or dues

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