9911796707
TMI Blog2010 (4) TMI 900X X X X Extracts X X X X X X X X Extracts X X X X ..... f the applicant is that whilst the company-in-liquidation was functioning, he was entitled to coverage and the benefit of the ESI scheme in terms of the Employees State Insurance Act and Rules. It is, therefore, prayed that medical benefit should be granted by the ESIC to the applicant in terms of rule 61 of the ESI (Central) Rules, 1950. Rule 61 states as follows : "Medical benefits to retired insured persons, - An insured person who leaves the insurable employment on attaining the age of superannuation after being insured for not less than five years, shall be eligible to receive medical benefits for himself and his spouse at the scale prescribed under the Act and the regulations made thereunder, subject to- (i )the production of proof ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the Registrar of Companies. Sub-clause (3) of that section provides as follows : "(3) Such order shall be deemed to be notice of discharge to the officers and employees of the company, except when the business of the company is continued." 5. The only aspect that needs to be examined is whether the applicant falls within the scope of the expression 'employees' mentioned in section 445(3) of the Companies Act extracted above. The expression 'employee' has not been defined under the Companies Act. At the same time, there is no reference to workers as a separate class or category anywhere in the Companies Act, 1956, and, therefore, there is nothing to presume that the expression "employees" used in section 445(3) does not include workmen. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of winding up; however, the fact remains that his employment came to an end on the date of winding up order. To hold otherwise, as contended by counsel for the applicant, would mean that any employee, who fulfils the condition of having been insured for not less than 5 years, would have to be deemed to be superannuated on the date of the order of winding up even if he had joined the employment at the age of 18 years and had continued in that employment till the age of 23 or 24 years only. 8. A reading of section 445 (3) of the Act makes it clear that the order of winding up also amounts an order of discharge to the applicant in view of the fact that on that date, the business of the company was at an end and was not continued. Sadly, in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
