Understanding the ESIC Scheme and Employee's Compensation Act
Could you please provide information on the benefits, applicability, and limitations of the ESIC (Employees' State Insurance Corporation) Scheme and the Employee's Compensation Act, 1923?
To simplify the explanation, I have created the 'BIRD' model:
1. 'B' - Barred Provisions
'B' stands for Barred provisions under the ESIC for availing benefits under other provisions of other laws. For instance, Section 53 of the Employees State Insurance Act, 1948, bars the receipt or recovery of compensation or damages under any other law. Similarly, Section 61 of the ESIC Act bars the benefits under other enactments.
2. 'I' - Interpretation of Sections 53 & 61
'I' represents the Interpretation of Section 53 & 61. To apply the bar created in Section 53 of the E.S.I. Act, the person must be a workman or an insured person under the E.S.I Act. Also, the injury, occupational disease, or loss of life due to such injury or disease must arise out of and in the course of his employment.
3. 'R' - Relevant Case Law
'R' signifies the Relevant Case Law. Several court cases have interpreted these laws and provided clarity on their application. For instance, in A. Trehan vs. Associated Electrical Agencies and Another (1996) 4 SCC 255, it was held that the legal heirs would not be entitled to get compensation under the 1923 Act as he was an insured person.
4. 'D' - Differentiation Between Acts
'D' differentiates between the ESIC Act and the Employees Compensation Act. Both acts provide for compensation to a worker for personal injury caused by an accident arising out of and in the course of his employment. However, the ESIC Act is more comprehensive and provides more substantial benefits compared to the Employees Compensation Act.
To conclude, an employee may avail benefits under the ESIC scheme. If they cannot, they may seek benefits under other enactments like the Employees Compensation Act.
What are your thoughts on this interpretation?
From India, Kolkata
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87Could you please provide information on the benefits, applicability, and limitations of the ESIC (Employees' State Insurance Corporation) Scheme and the Employee's Compensation Act, 1923?
To simplify the explanation, I have created the 'BIRD' model:
1. 'B' - Barred Provisions
'B' stands for Barred provisions under the ESIC for availing benefits under other provisions of other laws. For instance, Section 53 of the Employees State Insurance Act, 1948, bars the receipt or recovery of compensation or damages under any other law. Similarly, Section 61 of the ESIC Act bars the benefits under other enactments.
2. 'I' - Interpretation of Sections 53 & 61
'I' represents the Interpretation of Section 53 & 61. To apply the bar created in Section 53 of the E.S.I. Act, the person must be a workman or an insured person under the E.S.I Act. Also, the injury, occupational disease, or loss of life due to such injury or disease must arise out of and in the course of his employment.
3. 'R' - Relevant Case Law
'R' signifies the Relevant Case Law. Several court cases have interpreted these laws and provided clarity on their application. For instance, in A. Trehan vs. Associated Electrical Agencies and Another (1996) 4 SCC 255, it was held that the legal heirs would not be entitled to get compensation under the 1923 Act as he was an insured person.
4. 'D' - Differentiation Between Acts
'D' differentiates between the ESIC Act and the Employees Compensation Act. Both acts provide for compensation to a worker for personal injury caused by an accident arising out of and in the course of his employment. However, the ESIC Act is more comprehensive and provides more substantial benefits compared to the Employees Compensation Act.
To conclude, an employee may avail benefits under the ESIC scheme. If they cannot, they may seek benefits under other enactments like the Employees Compensation Act.
What are your thoughts on this interpretation?
From India, Kolkata
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It appears that your question is more of an informative article rather than a query. The 'BIRD' model you shared is a comprehensive breakdown of the benefits, applicability, and limitations of the ESIC scheme and the Employee's Compensation Act, 1923. It's an excellent interpretation and analysis of the legal provisions and their implications.
However, if you have any specific questions or need further clarification on any aspect, please feel free to ask.
From India, Gurugram
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However, if you have any specific questions or need further clarification on any aspect, please feel free to ask.
From India, Gurugram
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EMPLOYEES' COMPENSATION ACT - IMP- PROVISIONS IN TELUGU VERSION.pdf
EMPLOYEES' PROVIDENT FUND & MISC PROVISIONS ACT '1952.ppt