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Section 88 – Employees State Insurance Act, 1948

Employees State Insurance Act, 1948

 

 

88. EXEMPTION OF PERSONS OR CLASS OF PERSONS. –

 

The appropriate Government may, by notification in the Official Gazette and subject to such conditions as it may deem fit to impose, exempt any persons or class of persons employed in any factory or establishment or class of factories or establishments to which this Act applies from the operation of the Act.

 

COMMENTS

 

Exempting persons or class of persons from coverage under ESI Act should not be in a mechanical manner hence an employer, seeking exemption under ESI Act, has to prove that medical facilities and other benefits as extended to employees are better than those under the ESI Act; Lark Laboratories (India) Ltd. v. Government of NCT of Delhi, 2006 LLR 1093: 2007 (1) LLJ 72 (Del HC).

 

 

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Employees’ State Insurance Act, 1948

 

Indian Laws – Bare Acts

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