CSS 49Chapter IV · Employees State Insurance Corporation
Section 49 · Section 49
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(1) If any question, dispute or claim arises as to—
(a) whether a person is an employee within the meaning of this Code relating to this Chapter or whether he is liable to pay employee's contribution; or
(b) the rate of wages or average daily wages of an employee for the purposes of this Chapter; or
(c) the rate of contribution payable by an employer in respect of an employee under this Chapter; or
(d) the person who is or was an employer in respect of an employee for the purposes of this Chapter; or
(e) the entitlement of any person to any benefit under this Chapter and the amount and duration thereof; or
(f) any direction issued by the Corporation on the review of any payment of dependent benefits under this Chapter; or
(g) any other matter in dispute between the employer and the Corporation relating to this Chapter, or between the employer and the contractor relating to this Chapter, or between any person and the Corporation relating to this Chapter, or between an employee and the employer or contractor relating to this Chapter, in respect of any contribution or benefit or other dues payable or recoverable under this Code relating to this Chapter; or
(h) a claim for recovery of contributions from the employer under this Code relating to this Chapter; or
(i) a claim under sub-section (8) of section 41 for recovery of the value or amount of benefits received by any person where that person is not lawfully entitled thereto; or
(j) a claim under section 42 against the employer; or
(k) an order of the appellate authority under section 126 relating to Chapter IV; or
(l) a claim by an employer to recover contributions from a contractor under that Code relating to this Chapter; or
(m) any other claim for the recovery of any benefit admissible under this Chapter,
then such matter shall be decided by the Employees' Insurance Court.
(2) No matter in dispute between an employer and the Corporation regarding any contribution or any other dues under this Chapter shall be raised by the employer in the Employees' Insurance Court unless he has deposited with the Court fifty per cent of the amount due from him as claimed by the Corporation:
Provided that the Employees' Insurance Court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this sub-section.
(3) No civil court shall have jurisdiction to decide or proceed upon any question or dispute as specified in sub-section (1) or to adjudicate upon any liability which is to be decided by a Medical Board under or in relation to this Chapter or by this Code.
(a) whether a person is an employee within the meaning of this Code relating to this Chapter or whether he is liable to pay employee's contribution; or
(b) the rate of wages or average daily wages of an employee for the purposes of this Chapter; or
(c) the rate of contribution payable by an employer in respect of an employee under this Chapter; or
(d) the person who is or was an employer in respect of an employee for the purposes of this Chapter; or
(e) the entitlement of any person to any benefit under this Chapter and the amount and duration thereof; or
(f) any direction issued by the Corporation on the review of any payment of dependent benefits under this Chapter; or
(g) any other matter in dispute between the employer and the Corporation relating to this Chapter, or between the employer and the contractor relating to this Chapter, or between any person and the Corporation relating to this Chapter, or between an employee and the employer or contractor relating to this Chapter, in respect of any contribution or benefit or other dues payable or recoverable under this Code relating to this Chapter; or
(h) a claim for recovery of contributions from the employer under this Code relating to this Chapter; or
(i) a claim under sub-section (8) of section 41 for recovery of the value or amount of benefits received by any person where that person is not lawfully entitled thereto; or
(j) a claim under section 42 against the employer; or
(k) an order of the appellate authority under section 126 relating to Chapter IV; or
(l) a claim by an employer to recover contributions from a contractor under that Code relating to this Chapter; or
(m) any other claim for the recovery of any benefit admissible under this Chapter,
then such matter shall be decided by the Employees' Insurance Court.
(2) No matter in dispute between an employer and the Corporation regarding any contribution or any other dues under this Chapter shall be raised by the employer in the Employees' Insurance Court unless he has deposited with the Court fifty per cent of the amount due from him as claimed by the Corporation:
Provided that the Employees' Insurance Court may, for reasons to be recorded in writing, waive or reduce the amount to be deposited under this sub-section.
(3) No civil court shall have jurisdiction to decide or proceed upon any question or dispute as specified in sub-section (1) or to adjudicate upon any liability which is to be decided by a Medical Board under or in relation to this Chapter or by this Code.
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