The eligibility for unemployment allowance under Rajiv Gandhi Shramik
Kalyan Yojana is decided according to the date on which the
establishment is closed down under law, and not the factual date of closure. It was held so in the case of Thiruvepathi Mills Labour Union (Intuc) and Others v. Employees State Insurance Corporation, by the Kerala High Court.
In order to receive the benefit of the Scheme, the applicant should have
been an insured person under the Employees State Insurance Act, 1948 on
the date of loss of employment. Contribution in respect of him should
have been paid or should have been payable for a minimum period of five
years prior to the loss of employment. However, default in remittance of
payable contribution by the Employer would not affect the eligibility
of employee to receive the unemployment allowance.
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