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Rohan Joseph Dsouza   11 April 2017

Esic for private school teachers

are private school teachers covered under maternity benefit and ESIC act?


Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     11 April 2017

 The Madras high court on Tuesday stayed the Tamil Nadu government's proposal to make unaided private educational institutions in the state subscribe to employees' state insurance (ESI) scheme for their teaching and non-teaching faculty members.

 


Referring to a Supreme Court order in favour of private schools, the first bench of Chief Justice Sanjay Kishan Kaul and Justice T S Sivagnanam disposed of the cases filed by about 370 schools in two batches against the government's proposal. The matter relates to a notification issued by the labour and employment department, Tamil nadu on June 4, 2008, proposing to extend provisions of the ESI Act, 1948, to educational institutions, but excluding government and aided institutions.

Kumar Doab (FIN)     11 April 2017

ESI: The matter has been discussed in other and old threads that you can search in "SEARCH" option.

 

Kumar Doab (FIN)     11 April 2017

You may go thru:

https://www.lawyersclubindia.com/experts/Esic-for-unaided-school-teacher-454286.asp

 

Kumar Doab (FIN)     11 April 2017

It is felt that Kerala High Court has upheld notification issued by state Govt.

 

The link to Madras High Court may kindly be posted.

Ritesh Maity (Labour Law Advocate)     11 April 2017

Yes, Maternity Benefit Act and ESI Act are both applicable to private school teachers. 

 

But please note that if the private school teacher is covered under ESI Act, she will not get benefit under the Maternity Benefit Act. 

Kumar Doab (FIN)     12 April 2017

 Insured person (woman) of establishment covered by ESI may still be able to get benefits under Maternity Benefit Act, 1961:5A.


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