Unit 3 of Labour Law and Industrial Relations – II (syllabus: Module III — the Employees' State Insurance Act 1948 and the Maternity Benefit Act 1961: employment injury and principal employer, the Corporation and its committees, finance, contributions and benefits, adjudication, maternity benefit claims, and Inspectors and penalties). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What is an employment injury, and how do sections 51A to 51D ease the worker's proof?
- Why does an insured person lose his claim against the employer under section 53?
- What are the Corporation, the Standing Committee and the Medical Benefit Council, and what does each do?
- How is the scheme financed, and what are the wage limit, the contribution rates and the benefit rates in force?
- What benefits does the scheme confer, and how are they protected against the employer?
- Which disputes go to the Employees' Insurance Court, and on what terms?
- What is a woman's right to maternity benefit, and what does she have to prove to get it?
- What did the 2017 amendment change in the Maternity Benefit Act, and why?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Employees' State Insurance Act 1948, s. ss. 2(8), 51A to 51D
- Employees' State Insurance Act 1948, s. s. 53
- Employees' State Insurance Act 1948, s. ss. 3, 4, 8, 10, 18, 22
- Employees' State Insurance Act 1948, s. ss. 26, 28, 38, 39, 40
- Employees' State Insurance Act 1948, s. ss. 46, 72, 73
- Employees' State Insurance Act 1948, s. ss. 74 to 82
- Maternity Benefit Act 1961, s. ss. 4, 5
- Maternity Benefit Act 1961, s. ss. 5(3), 5(4), 5(5), 11A