The State Government shall, by notification in the Official Gazette, constitute an EI Court for local areas under Section 74 of the Act. 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 EI Court.
Labour courts functions as Employees Insurance Court and are located at Coimbatore and Tirupur.
MATTER TO BE DECIDED BY THE EMPLOYEES ‘ INSURANCE COURT
1. If any question or dispute arises as to
(a) whether any person is an employee within the meaning of this Act or whether he is liable to pay the employee’s contribution, or
(b) the rate of wages or average daily wages of an employee for the purposes of this Act, or
(c) the rate of contribution payable by a principal employer in respect of any employee, or
(d) the person who is or was the principal employer in respect of any employee, of
(e) the right of any person to any benefit and as to the amount and duration thereof, of[(ee) any direction issued by the Corporation under section 55-A on review of any payment of dependants’ benefits, or]
[(f)*] (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]
Under Section 54A of the Act, the EI Court decides appeal against the decision of Medical Board / Medical Appeal Tribunal under Section 54A(2).
The IP or the Corporation can file an Appeal Section54A of the Act and Rule 20B of ESI (Central) Rules, 1950 to the Employees’ Insurance Court by presenting an application within three months of the date of communication of the decision of the Medical Board / Special Medical Board or of Medical Appeal Tribunal to the IP or the Corporation as the case may be.
The EI Court may entertain application after period of three months, if it is satisfied that the applicant had sufficient reasons for not presenting the application within the said period.
The Rules made by the State government in respect of form and manner to be followed in presenting application to EI Court shall be applicable to the application presented for the above purpose.
An appeal against the decision of an EI Court shall lie to the High Court, if a substantial question of interpretation of law is involved under Section 82 of the Act and period of limitation for an appeal shall be sixty days.
* Clause (f) omitted by Act 44 of 1966, Sec.32(a) (ii) (with effect from 28th January 1968)
** Inserted by Act 44 of 1966, Sec.32 (a) (iii) (with effect from 28th January 1968)
