Constitution of Employees’ Insurance Court
(1) The State Government shall, by notification in the Official Gazette, constitute an Employees’ Insurance Court for such local area as may be specified in the notification.
(2) The Court shall consist of such number of Judges as the State Government may think fit.
(3) Any person who is or has been a judicial officer or is a legal practitioner of five years’ standing shall be qualified to be a Judge of the Employees’ Insurance Court.
(4) The State Government may appoint the same Court for two or more local areas or two or more Courts for the same local area.
(5) Where more than one Court has been appointed for the same local area, the State Government may by general or special order regulate the distribution of business between them.
Constitution of Employees’ Insurance Court
Via a notification in the Official Gazette, an Employees’ Insurance Court will be constituted by the State Government, with a set number of judges as per the decision of the State Government.
The same court may be appointed for two or more local areas, or two courts or more courts may be appointed for the same local area.
Power of Employees’ Insurance Court
The Employees’ Insurance Court will function with the same powers as that of a Civil Court, in which, to enforce the provisions of the ESI Act, it can enforce witness attendance, compel document and material evidence to be presented, it can administer an oath and can record evidence.
All expenses incurred before a proceeding are subject to the discretion and liability of the court itself.
Reference to High Court
An Employees’ Insurance Court, according to Section 81 may submit any question of law for the decision of the High Court and if it does so, the answer to the question shall hold precedence before any judgment.
Appeal
Section 82 defines that no appeal can be laid down as against an order from the Employees’ Insurance Court. However, appeals from the High Court can stand if they involve a substantial question of law.
Power to recover damages
If an employer fails to pay the contributions due in any aspect, whether it be from his side or his employee’s side, the Corporation can recover the deficit from him by way of penalty.
However, this recovery of contribution will not take place until after the person in charge has been given a reasonable opportunity to be heard regarding the failure to pay the contribution.
Power of Court to make orders
Along with the power of the court to recover damages, it also has provisions to enforce judicial orders. If the defaulting employer fails to meet the time conditions for payments that have been stated by the Court, the employer will be deemed to have committed another offence, which can be punishable with imprisonment and/or fines.