EMPLOYEES’ INSURANCE COURT (EIC)

Introduced under section 74 of the Employees’ State Insurance Act, 1948, the State Government, by notification in the Official Gazette established an Employees’ Insurance Court for the local area specified in the Gazette.

The aim of the establishment of this Court is to provide compensation to several employees and their dependents for employment injuries.

No Civil Court exercises power to interfere in the matters of the EIC. It shall follow such procedures and rules made by the State Government.

CONSTITUTION

The Court shall appoint such a number of judges as the State Government deems fit. Any person who is or has been a judge or is in legal practice for a minimum of five years’ standing is qualified to be a Judge in the Employees’ Insurance Court.

The State Government can appoint the same Court in two or more local areas or more courts for the same area.

When more than one Court is appointed for the same local area, the State Government can by special or general order distribute the business amongst the courts.

POWERS

• It has all the powers of a Civil Court for summoning and enforcing the attendance of witnesses, convincing the discovery and production of documents and substantial objects, administering the oath, and recording evidence and shall be deemed to be a Civil Court under Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (htt1).
  

• Any order passed by EIC shall be enforceable as any other order passed by a Civil Court for a suit.

MATTERS FOR ADJUDICATION

• Dispute’s adjudication: The Court has the sole right to adjudicate disputes, the rate of wages, principal employer, whether the person is an employee.
  

• Claims’ adjudication: It also has the right to claim for recovery of any benefit admissible under Employees’ State Insurance Act, 1984 recovery from principal employer’s contribution, action against failure to contribute, or negligence.

MATTERS TO BE DECIDED BY EMPLOYEES’ INSURANCE COURT

If any dispute arises related to-

• Whether a person is considered an employee under the Employees’ State Insurance Act, 1948, or whether he is liable to pay employees’ contribution.
  

• Average daily wages or rate of wages of an employee for Employees’ State Insurance Act, 1948
  

• Rate of contribution to be paid by a principal employer to the employee
  

• The person who was or is the principal employer.
  

• Any direction issued by the Corporation under Section 55A
  

• Principal employer and the Corporation, or principal employer and immediate employee, or person and the Corporation, or employee and a principal or immediate employer, related to any contribution or benefit or any dues payable or recoverable under the Employees’ State Insurance Act, 1948.
  

• Claims for recovery of contributed payment by the employee.
  

• Claims against the principal employer under section 68 of the Employees’ State Insurance Act, 1948.
  

• Where the recovery of the payment is received by an employee unlawfully, under section 70 of the Employees’ State Insurance Act, 1948.
  

• The right of any person to any benefit and as to the amount and duration thereof, or Provided that the Court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited

Payment of benefit cannot be allowed by an Employees’ Insurance Court without a claim for such benefit which should be following the regulations made under the Employees’ Insurance Act, 1948, within twelve months, after the claim became due, providing delays can be excused in certain cases. The Court may order payment after having a satisfactory excuse for not claiming on time.