ESI

P.S.Subbaraman (Querist) 06 June 2009 This query is : Resolved
Is Employee State Insurance Act applicable to a factory which is a mine related industry. Are they exempted ? Are there any case laws on the above subject ?

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A V Vishal (Expert) 06 June 2009
Dear Subbaraman

According to the definition of factory under ESIC ACT, doesnot includes a mine subject to the operation of Mines Act, 1952.

Factory means any premises including the precints thereof -
(a) whereon ten or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on, or

(b) whereon twenty or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on.

but does not include a mine subject to the operation of Mines Act, 1952 or a railway running shed;

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