E.S.I. CORPORATION Vs. DILIP

JUDGEMENT

(1.) Since the issues involved in all Misc. Appeals are similar in nature, thus all are being decided by this Common Judgment. For the sake of convenience facts of Misc. Appeal No.352 of 2021 are being taken up for deciding the above Misc. Appeals. The Appellant: Regional Director, E.S.I. Corporation has filed this Miscellaneous Appeal under Sec. 82 of the Employees' State Insurance Act, 1948 (hereinafter referred to as the ESI Act). challenging the validity of the Order, dtd. 19/2/2020 passed by the learned Judge of Employees' State Insurance Court, Dewas in the matter of 22/ESI/2018.

(2.) The Employees' State Insurance Corporation (hereinafter referred to as the ESI) is a statutory body established under the statute called the ESI Act. The ESI decided to provide unemployment allowance to the insured person, who has been rendered unemployed involuntarily due to the closure of a factory/establishment, retrenchment/permanent invalidity arising out of nonemployment injury. The scheme has been named as Rajiv Gandhi Shramik Kalyan Yojana (hereinafter referred to as the RGSKY).

(3.) The Respondent was an Employee of M/s Chamunda Standard Mill, Dewas, which was covered under the ESI Act, 1948. On 11/3/2013 the factory was closed rendering all the Employees unemployed. The Respondent being one of a member of the RGSKY submitted a claim before the Court claiming unemployment allowance. According to the Respondent, he was appointed as a permanent Employee in the year 1994, the employer i.e. M/s Chamunda Standard Mill, Dewas used to deduct ESI contributions from the wages paid to him and accordingly he became a member of the scheme. On 11/3/2023 there was an undeclared lockout in the factory by the management and thereafter the management stopped deducting and depositing the ESI contribution. As per the scheme, now he has become entitled to get an allowance.