Exemption for an establishment under ESI
Madhurima .Nandimandalam
(Querist) 05 May 2009
This query is : Resolved
Hi ,
Can anyone guide on the procedure to get an exemption for an establishment covered under ESI, When employer provides better facilities than that of ESI to his employees
Thanks in Advance
Madhurima
Suresh C Mishra
(Expert) 17 May 2009
coverage of daily wager engaged in residential building , i thank to the learned friends given the reply earliar.
i have found a judgment of Hob'ble apex court on this point which appears to cover this point,
Ranjit Kaur and others reported in 2008 AIR 2143 date of judgment is 24.4.2008
in para 23 ' The workman in present case was employed for a limited period for carrying out repair works in residential house
the principles laid down by the Hon'ble Apex Court is that the worker engaged in residential house does not come within the definition of workman and therefore the claim petition by the Dependants of the deceased is not maintainable
i want the comments on this judgment and pray to cite the judgment if any against this one to complete this chapter on the basis of the currents view of the courts.
