Page 93 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes (g) any other matter which is in dispute between a principal employer and the Corporation, or
between a principal employer and an immediate employer or between a person and the
Corporation or between an employee and a principal or immediate employer, in respect of any
contribution or benefit or other dues payable or recoverable under this Act, [or any other matter
required to be or which may be decided by the Employees’ Insurance Court under this Act, such
question or dispute [subject to the provision of sub-section (2A)] shall be decided by the
Employees’ Insurance Court in accordance with the provisions of this Act.
(2) Subject to the provisions of sub-section (2A), the following claims, shall be decided by the
Employees’ Insurance Court, namely:-
(a) claim for the recovery of contributions from the principal employer;

(b) claim by a principal employer to recover contributions from any immediate employer;
(d) claim against a principal employer under section 68;
(e) claim under section 70 for the recovery of the value or amount of the benefits received by a
person when he is not lawfully entitled thereto; and
(f) any claim for the recovery of any benefit admissible under this Act.
(2A) If in any proceedings before the Employees’ Insurance Court a disablement question arises
and the decision of a medical board or a medical appeal tribunal has not been obtained on the
same and the decision of such question is necessary for the determination of the claim or
question before the Employees’ Insurance Court, that Court shall direct the Corporation to have
the question decided by this Act and shall thereafter proceed with the determination of the claim
or question before it in accordance with the decision of the medical board or the medical appeal
tribunal, as the case may be, except where an appeal has been filed before the Employees’
Insurance Court under sub-section (2) of section 54A in which case the Employees’ Insurance
Court may itself determine all the issues arising before it.
(2B) No matter which is in dispute between a principal employer and the Corporation in respect
of any contribution or any other dues shall be raised by the principal 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 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 deal with any question or dispute as
aforesaid or to adjudicate on any liability which by or under this Act is to be decided by a
medical board, or by a medical appeal tribunal or by the Employees’ Insurance Court.

5.3.3 Institution of Proceedings, etc.

(1) Subject to the provisions of this Act and any rules made by the State Government, all
proceedings before the Employees’ Insurance Court shall be instituted in the Court appointed
for the local area in which the insured person was working at the time the question or dispute
arose.
(2) If the Court is satisfied that any matter arising out of any proceeding, pending before it can
be more conveniently dealt with by any other Employees Insurance Court in the same State, it
may, subject to any rules made by the State Government in this behalf, order such matter to be
transferred to such other Court for disposal and shall forthwith transmit to such other Court the
records connected with that matter.

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