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Legislation

Employees' State Insurance Act, 1948

96 Supreme Court judgments cite this Act.

THE BANGALORE TURF CLUB LTD.versusREGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION

2014 INSC 98631 July 2014Disposed off

The Supreme Court examined whether race clubs such as the Bangalore Turf Club and the Royal Western India Turf Club, as well as a chit fund, fall within the definition of "shop" under the Employees' State Insurance Act, 1948 (ESI Act) and the related notifications. The Court held that a race club is an "establishment"

M/S. QAZI NOORUL H.H.H. PETROL PUMP & ANR.versusDY. DIRECTOR, ESI CORPORATION

2009 INSC 97029 July 2009Dismissed

The appellant, a petrol pump operator, challenged an order directing him to pay contributions under the Employees' State Insurance Act, 1948, arguing that his premises did not qualify as a "factory" within the meaning of the Act. The central issue was whether the activity of pumping petrol/diesel constituted a "manufac

HANDLOOM HOUSE ERNAKULAMversusREGIONAL DIRECTOR, ESI

1999 INSC 21229 April 1999Appeal(s) allowed

Handloom House, a co‑operative society, paid its employees incentive bonuses and sales commissions in addition to regular wages. The Employees State Insurance Corporation (ESIC) claimed that these payments were "wages" under Section 2(22) of the Employees State Insurance Act, 1948 and demanded additional contributions.

ROYAL WESTERN INDIA TURF CLUB LTD.versusE.S.I. CORPORATION & ORS.

2016 INSC 22129 February 2016Appeal(s) allowed

The Supreme Court examined whether casual workers employed by Royal Western India Turf Club Ltd. on race days fell within the definition of "employee" under Section 2(9) of the Employees' State Insurance Act, 1948, and consequently whether the club was liable to pay ESI contributions from the 1978-79 period. Relying on

SOVRIN KNIT WORKS ETC.versusEMPLOYEES STATE INSURANCE CORPN. AND ANR. ETC.

1996 INSC 141028 November 1996Dismissed

Sovrin Knit Works and other establishments, covered under the Employees' State Insurance Act, 1948, failed to pay the statutory contribution for the year 1980-81. The Employees' State Insurance Corporation (ESIC) issued a notice on 31 December 1982 demanding damages and interest for the delayed payment, which the appel

MANAGALORE PORT TRUSTversusTHE REGIONAL DIRECTOR, ESI CORPORATION, BANGALORE, KARNATAKA

2014 INSC 74328 October 2014Appeal(s) allowed

The New Mangalore Port Listed Workers Managing Committee was created in 1983 to provide stevedores for loading and unloading cargo at the New Mangalore Port Trust (NMPT) and was dissolved on 15 March 1990 when its workers were absorbed into NMPT as a cargo‑handling wing. The Committee challenged a Karnataka State Gover

DELHI GYMKHANA CLUB LTD.versusEMPLOYEES STATE INSURANCE CORPN.

2014 INSC 74228 October 2014Dismissed

The Delhi Gymkhana Club Ltd., a members' club with a kitchen and catering division employing more than twenty workers, was held by the Employees' State Insurance Corporation to be covered under the Employees' State Insurance Act, 1948 and was ordered to pay contributions for the period 1980-1985. The club challenged th

EMPLOYEES STATE INSURANCE CORPORATIONversusM/S. M.M. SURI AND ASSOCIATES (P.) LTD.

1998 INSC 40528 October 1998Dismissed

The Employees' State Insurance Corporation (ESIC) appealed against a Delhi High Court order that held a 1988 notification extending the Employees' State Insurance Act, 1948 to shops was inapplicable to M.M. Suri & Associates (P) Ltd., a shop with five officers and fewer than twenty workers. The Supreme Court examined w

EMPLOYEES STATE INSURANCE CORPORATIONversusR.K. SWAMY AND ORS. ETC.

1993 INSC 34928 October 1993Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) issued a notification under Section 1(5) of the Employees' State Insurance Act, 1948 extending the Act to "shops" and claimed that advertising agencies and a steamship company fell within this category. The agencies contested, arguing that their activities did not const

DAIVSHALA & ORS.versusORIENTAL INSURANCE COMPANY LTD. & ANR

2025 INSC 90428 July 2025Appeal(s) allowed

Shahu Sampatrao Jadhavar, a night watchman, died in a road accident on 22 April 2003 while commuting 5 km to his sugar factory workplace. His family claimed compensation under the Employees' Compensation Act, 1923, but the employer and insurer argued the accident did not arise out of or in the course of employment beca

NEW INDIA ASSURANCE CO. LTD.versusKAMLESH AND OTHERS.

2025 INSC 72428 April 2025Disposed off

The claimants, legal heirs of a government employee who died in a motor accident, were awarded Rs.37,85,800 compensation by the Motor Accident Claims Tribunal. The insurer, New India Assurance Co., appealed seeking deduction of the financial assistance payable under the Haryana Compensation Assistance Rules, 2006, whil

BANGALORE TURF CLUB LTD.versusREGIONAL DIRECTOR, ESI CORPORATION

2009 INSC 62828 April 2009Matter referred to larger bench

Bangalore Turf Club Ltd. challenged the Regional Director of the Employees' State Insurance Corporation's demand for ESI contributions, contending that as a club it does not qualify as a "shop" under Section 1(5) of the Employees' State Insurance Act, 1948. The central issue was whether turf clubs fall within the defin

GASKET RADIATORS PVT. LTDversusEMPLOYEES STATE INSURANCE CORPN. & ANR.

1985 INSC 4128 February 1985Dismissed

Gasket Radiators Pvt. Ltd., incorporated in 1964, was initially exempted from paying the special contribution imposed by Chapter V‑A of the Employees' State Insurance Act, 1948, until the scheme was extended to its area. The exemption was withdrawn on 31 May 1969 and the company challenged the liability, arguing that t

M/S GOODYEAR INDIA LTD.versusTHE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPN. AND ORS.

1996 INSC 139727 November 1996Dismissed

Goodyear India Ltd, an employer covered by the Employees' State Insurance Act, was served a demand on 1 December 1982 to pay contributions for the periods 28 January 1968 to 31 October 1979 (Bangalore) and 28 January 1968 to 31 August 1979 (Indore). The company contended that the establishments were not covered by the

REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATIONversusRAM CHANDER

1987 INSC 29727 October 1987Appeal(s) allowed

Ram Chander operated a tailoring shop employing about 10‑12 tailors and used an electric iron for stitching and finishing garments. The issue was whether, under the Notification of 20 September 1975 issued under Section 1(5) of the Employees' State Insurance Act, 1948, his establishment fell within the Act’s coverage.

M/S. DAMODAR MANGALJI AND CO. ETC.versusTHE REGIONAL DIRECTOR

2001 INSC 12527 February 2001Dismissed

The mining company Damodar Mangalji & Co. challenged a 1977 notification issued by the Government of Goa, Daman & Diu under the Employees' State Insurance Act, 1948, arguing that the Act should not apply to mining establishments because the term "mine" should be limited to the ore‑extraction site and the "appropriate G

CONSUMER EDUCATION AND RESEARCH CENTRE AND ORS.versusUNION OF INDIA AND ORS.

1995 INSC 7627 January 1995Case Allowed

The Consumer Education and Research Centre filed a public‑interest writ under Article 32 seeking protection for workers in asbestos mines and industries, alleging that the right to health and medical care is a fundamental right under Article 21 read with Articles 39(c), 41, 43 and 48A of the Constitution. The petition

P.C. AGGARWALAversusPAYMENT OF WAGES INSPECTOR, M.P. AND ORS.

2005 INSC 44526 September 2005Appeal(s) allowed

The Supreme Court examined whether directors of Jiyajirao Cotton Mills Ltd., a company that owned factories, could be held personally liable for unpaid wages under the Payment of Wages Act, 1936 as amended by the Madhya Pradesh Industrial Relations Act, 1960. The Court held that the Act does not incorporate the "occupi

BAKSHI SECURITY AND PERSONNEL SERVICES PVT. LTDversusDEVKISHAN COMPUTED PVT. LTD. AND ORS.

2016 INSC 55926 July 2016Appeal(s) allowed

The Gujarat Transport Department floated a tender for manpower services with conditions that the salary paid must not be less than the minimum wage and that bids must be fixed, not open‑ended. Three bidders qualified; the Technical Evaluation Committee fixed a minimum‑wage figure of Rs 3,00,92,346, rendering the bids o

THE MANAGING DIRECTOR, HASSAN CO-OPERATIVE MILK PRODUCERS SOCIETY UNION LIMITEDversusTHE ASSISTANT REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION

2010 INSC 24326 April 2010Appeal(s) allowed

The Supreme Court examined whether two cooperative milk producer societies were liable to pay Employees' State Insurance (ESI) contributions for workers employed by contractors to transport milk. The societies argued that the contractors' workers were neither directly employed by them nor worked on their premises or un

G.L. HOTELS LTD. ETC.versusT.C. SARIN AND ANR.

1993 INSC 27725 August 1993

The Employees' State Insurance Corporation demanded contributions from several hotels for the period 1970‑1978, treating the hotels as factories under the Employees' State Insurance Act, 1948 because cooking in their kitchens was a manufacturing process. The hotels contended that only the kitchen should be deemed a fac

RADHESHYAM AJITSARLA AND ANR.versusBENGAL CHATKAL MAZDOOR UNION AND ORS.

2006 INSC 35924 May 2006Disposed off

The Baranagore Jute Factory was ordered to be wound up in 1987 but a scheme of arrangement was later approved, allowing the mill to operate as a going concern under a committee of management. The scheme earmarked a fund with the High Court registrar for payment to pre‑scheme unsecured creditors, including the Nemani Gr

EMPLOYEES STATE INSURANCE CORPORATIONversusALL INDIA I.T.D.C. EMPLOYEES UNION AND ORS.

2006 INSC 17424 March 2006Disposed off

The Union of Employees of a Government undertaking challenged a notification that enhanced employee and employer contributions under the Employees State Insurance Act, claiming it did not apply to them. A Rajasthan High Court dismissed the writ as non‑maintainable but directed the ESIC to "consider" waiving the contrib

KIRLOSKAR BROTHERS LTD.versusEMPLOYEES STATE INSURANCE CORPN.

1996 INSC 12124 January 1996Dismissed

Kirloskar Brothers Ltd., a manufacturer with factories in Maharashtra and Deewas, set up regional offices in Secunderabad and Bangalore to sell its products. The State Governments of Andhra Pradesh and Karnataka treated these offices as establishments under Section 2(g) of the Employees' State Insurance Act, 1948 and i

CHRISTIAN MEDICAL COLLEGEversusEMPLOYEES STATE INSURANCE CORPORATION

2000 INSC 53923 November 2000Dismissed

The Christian Medical College, a hospital, operates an Equipment Maintenance Department with 45 workers that repairs and maintains medical equipment. The Employees' State Insurance Corporation (ESIC) issued a notice that the department fell within Section 2(12) of the Employees' State Insurance Act, 1948 (ESI Act) and

HEMANT KUMAR VERMA & ORS.versusEMPLOYEES STATE INSURANCE CORPORATION & ORS.

2022 INSC 74422 July 2022Dismissed

The petitioners, junior resident doctors employed on a contractual bond in ESIC medical colleges, sought inclusion in the 50% "in‑service" reservation for postgraduate medical seats that is available to Insurance Medical Officers Grade‑II (IMO‑II) recruited permanently by ESIC. They argued that both categories possess

MANJEET SINGH, UDC AND ORS. ETC.versusEMPLOYEES STATE INSURANCE CORPN. AND ANR. ETC.

1990 INSC 10122 March 1990Appeal(s) allowed

The Employees State Insurance Corporation (ESIC) prepared a panel to recruit Insurance Inspectors through a written test and interview, but did not prescribe a pass mark for the interview and applied a 40% cut‑off. Unsuccessful candidates challenged the rejection, while successful candidates sought appointment orders,

E.S.I.CversusC.C. SANTHAKUMAR

2006 INSC 87121 November 2006Disposed off

The Employees' State Insurance Corporation (ESIC) sought to recover arrears of contributions from employers as arrears of land revenue under Section 45‑B, relying on orders passed under Section 45‑A. The Kerala High Court held that the five‑year limitation in the proviso to Section 77(1A)(b) applied to such claims, whi

EMPLOYEES STATE INSURANCE CORPORATION & ANR.versusMANGALAM PUBLICATIONS (I) PRIVATE LIMITED

2017 INSC 97321 September 2017Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) sought contribution from Mangalam Publications, a private limited company, for interim relief payments made to its employees between April 1996 and March 2000. The company argued that the interim relief was an ex‑gratia payment, not "wages" under Section 2(22) of the Em

EMPLOYEES STATE INSURANCE CORPORATIONversusDWARKA NATH BHARGWA

1997 INSC 61621 August 1997Appeal(s) allowed

The Employees State Insurance Corporation (ESIC) sought to recover unpaid ESI contributions from employer Dwarka Nath Bhargwa that were due on 27‑01‑1967 and 24‑01‑1968. ESIC issued notices under Section 45B of the Employees State Insurance Act, 1948, which had come into force on 28‑01‑1968, to recover the arrears as l

M/S. BHARAGATH ENGINEERINGversusR. RANGANAYAKI AND ANR.

2002 INSC 57220 December 2002Appeal(s) allowed

The deceased employee of Mis. Bharagath Engineering died in an accident alleged to have occurred in the course of his employment. The employer argued that the claim under the Workmen's Compensation Act, 1923 should be barred because the employee was an "insured person" under the Employees' State Insurance Act, 1948, de

FERTILIZERS & CHEMICALS TRAVANCORE LTDversusREGIONAL DIRECTOR, ESIC & ORS.

2009 INSC 106020 August 2009Appeal(s) allowed

Fertilizers & Chemicals Travancore Ltd challenged a demand notice for employer's contribution under Section 45A of the Employees State Insurance Act, 1948 by filing a petition under Section 75 before the Employees Insurance Court (EIC). The EIC observed that the headload workers employed on a day‑to‑day basis could not

THE ESI CORPORATIONversusM/S. RADHIKA THEATRE

2023 INSC 6020 January 2023Appeal(s) allowed

The ESI Corporation issued demand notices to M/s Radhika Theatre for ESI contributions after the theatre stopped paying contributions in 1989, arguing that the amendment to Section 1(6) of the Employees' State Insurance Act, 1948 (effective 20 Oct 1989) made every establishment liable irrespective of employee count. Th

THE EMPLOYEES’ STATE INSURANCE CORPORATIONversusUNION OF INDIA & ORS.

2022 INSC 7720 January 2022Appeal(s) allowed

The Employees’ State Insurance Corporation (ESIC) appealed against a Karnataka High Court order that had upheld promotions of its teaching staff under the Dynamic Assured Career Progression (DACP) Scheme. The respondents, who joined ESIC as Assistant Professors between February 2014 and June 2016, claimed promotion to

WESTERN INDIA PLYWOOD LTD.versusSHRI. P. ASHOKAN

1997 INSC 66319 September 1997Appeal(s) allowed

The respondent, an employee of Western India Plywood Ltd., suffered a hand amputation while at work and received disability benefits under the Employees' State Insurance (ESI) Act, 1948. He later sought permission to file a suit for additional compensation against his employer under tort law, but the trial court dismis

COCHIN SHIPPING CO. ETC. ETC.versusE.S.I. CORPORATION

1992 INSC 20819 August 1992Dismissed

Cochin Shipping Co., a company engaged in stevedoring, clearing and forwarding at Cochin Port, received a notice under the Employees' State Insurance Act, 1948 to pay contributions. The company contended that the Kerala Government's notification extending the Act to "shops" did not apply to it, arguing that a "shop" is

EMPLOYEES STATE INSURANCE CORPORATIONversusGNANAMBIGAI MILLS LTD.

2005 INSC 30019 July 2005Appeal(s) allowed

Employees of Gnanambigai Mills Ltd demanded a wage increase, and the dispute was referred to a Special Tribunal. The Tamil Nadu Government, invoking Section 10‑B of the Industrial Disputes Act, issued orders on 15 July 1985 and 29 July 1985 directing the employer to make interim payments to the workmen, with a clause t

THE EMPLOYEES STATE INSURANCE CORPORATION & ORS.versusM/S KEY DEE COLD STORAGE PVT. LTD.

2022 INSC 60219 May 2022Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) appealed against a Guwahati High Court order that held its 21 July 1999 notification under Section 1(3) of the Employees' State Insurance Act, 1948, applied only to areas within the Silchar Municipal Corporation, thereby excluding the respondent M/s Key Dee Cold Storage

DHROPADABAI AND OTHERSversusM/S. TECHNOCRAFT TOOLINGS

2015 INSC 97719 March 2015Dismissed

The deceased employee, Ambadas Lahane, died while on duty and his legal heirs claimed compensation under the Workmen's Compensation Act, 1923. The employer contended that the employee was an "insured person" under the Employees' State Insurance Act, 1948, and therefore barred from any claim under the 1923 Act pursuant

ADIRAJ MANPOWER SERVICES PVT. LTD.versusCOMMISSIONER OF CENTRAL EXCISE PUNE

2022 INSC 20118 February 2022Dismissed

The appellant, Adiraj Manpower Services Pvt. Ltd., a manpower recruitment agency, entered into agreements with Sigma Electric Manufacturing to supply personnel for various manufacturing activities. The Commissioner of Central Excise issued a show‑cause notice alleging that the appellant had failed to assess and pay ser

THE MANAGEMENT OF THE TATA IRON & STEEL CO. LTD.versusCHIEF INSPECTING OFFICER AND ORS.

2004 INSC 72517 December 2004Dismissed

The Management of Tata Iron & Steel Co. Ltd. established a hospital to provide medical care to its employees, their families, associated companies, as well as government and private patients for a fee. The authorities issued a notice requiring registration of the hospital under the Bihar Shops and Establishments Act, 1

EMPLOYEES STATE INSURANCE CORPORATIONversusBHAKRA BEAS MANAGEMENT BOARD & ANR.

2009 INSC 115117 September 2009Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) issued a notice under Section 45‑A of the Employees' State Insurance Act, 1948, requiring the Bhakra Beas Management Board to make employer contributions for its workers. The Board challenged the notice before the ESIC Court, but neither the workers nor any representati

K.R. ANITHA AND ORS.versusREGIONAL DIRECTOR, E.S.L. CORPORATION AND ANR.

2003 INSC 48917 September 2003Dismissed

The appellants, licensee‑contractors of toddy shops in Kerala, argued that the Employees' State Insurance Act, 1948 (ESI Act) did not apply to their establishments because toddy shops were not listed in the 1974 notification and were exempt under the proviso to Section 1(4) as they were owned or controlled by the State

M/S. SUMANGALIversusREGIONAL DIRECTOR, E.S.I. CORPORATION

2008 INSC 84117 July 2008Dismissed

The Supreme Court considered appeals by three textile-related entities challenging the Employees' State Insurance Corporation's decision to club them with other establishments for ESI coverage. The lower courts had found that the units shared a common entrance, staircase, office space, electricity, financial ledger, an

EMPLOYEES STATE INSURANCE CORPORATIONversusDISTILLERIES & CHEMICAL MAZDOOR UNION AND ORS.

2006 INSC 43917 July 2006Dismissed

The Distilleries & Chemical Mazdoor Union filed a writ petition seeking a mandamus directing the Employees State Insurance Corporation (ESIC) not to realise any ESI contributions from its members. The Allahabad High Court stayed the deduction from both employer and employees, subject to the employer providing medical f

AJAY RAJ SHETTYversusDIRECTOR & ANR.

2025 INSC 50017 April 2025Dismissed

The appellant, Ajay Raj Shetty, who was employed as General Manager/Technical Coordinator of M/s Electriex (India) Ltd., was convicted under Section 85(i)(b) of the Employees' State Insurance Act, 1948 for failing to remit ESI contributions that had been deducted from employees' wages. The issue before the Supreme Cour

BANDHUA MUKTI MORCHAversusUNION OF INDIA & OTHERS

1983 INSC 20316 December 1983Disposed off

The petition, filed by a social welfare organisation, alleged that thousands of migrant workers in stone quarries and crushers in Faridabad were subjected to inhuman conditions, forced labour and bondage, violating their fundamental rights under Articles 21 and 23 of the Constitution. The Court treated the letter addre

C.E.S.C. LTD. ETC.versusSUBHASH CHANDRA BOSE AND ORS.

1991 INSC 29515 November 1991Dismissed

The Calcutta Electricity Supply Corporation (C.E.S.C.) engaged private contractors to excavate, lay and maintain electric lines. The Employees' State Insurance Corporation (E.S.I.C.) directed C.E.S.C. to deduct E.S.I. contributions for the contractors' workers, asserting they were "employees" under Section 2(9) of the

M/S. HOTEL NEW NALANDAversusREGIONAL DIRECTOR, E.S.I. CORPORATION

2009 INSC 91115 July 2009Appeal(s) allowed

The Employees' State Insurance Corporation inspected Mis. Hotel New Nalanda and, noting a refrigerator and grinder, deemed it a "factory" under s.2(12) of the Employees State Insurance Act, 1948, directing compliance. The hotel contested, asserting it was a tourist home with fewer than ten employees and no manufacturin

EMPWYEES STATE INSURANCE CORPORATIONversusHOTEL KALPAKA INTERNATIONAL

1993 INSC 1815 January 1993Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) assessed contribution from Hotel Kalpaka International for the period 11 July 1985 to 31 March 1988 under section 45‑A of the Employees' State Insurance Act, 1948. The hotel, which employed more than 20 workers and was covered by the Act, closed its business on 31 March

M/S. KIRLOSKAR CONSULTANTS LTD.versusEMPLOYEES STATE INSURANCE CORPORATION

2000 INSC 52314 November 2000Dismissed

Kirloskar Consultants Ltd, a consultancy firm registered as a commercial establishment under the Bombay Shops and Establishments Act, was informed by the Employees' State Insurance Corporation (ESIC) that it was covered by the Employees' State Insurance Act, 1948 as a 'shop'. The firm began paying contributions but lat

SAHNI SILK MILLS (P) LTD. AND ANR. ETC. ETC.versusEMPLOYEES STATE INSURANCE CORPORATION

1994 INSC 25214 July 1994

The Employees State Insurance Corporation (ESIC) issued a resolution on 28 February 1976 delegating its power under Section 85‑B of the Employees State Insurance Act, 1948 to levy damages, to the Director General and authorising him to further delegate that power to any officer. The Director General subsequently author

BHARAT HEAVY ELECTRICALS LTD.versusESI CORPORATION

2008 INSC 19114 February 2008Case Allowed

Bharat Heavy Electricals Ltd. (BHEL), a public sector undertaking, received a notice under Section 45A of the Employees' State Insurance Act, 1948 for non‑payment of ESI contributions for the period 1981‑1991. BHEL argued that the workers were employed by contractors and therefore sought to implead those contractors as

CHECKMATE SERVICES P. LTD.versusCOMMISSIONER OF INCOME TAX-1

2022 INSC 106912 October 2022Dismissed

The appellants, including Checkmate Services Pvt. Ltd., deposited employees' EPF and ESI contributions after the statutory due dates and claimed deductions under s.36(1)(va) of the Income Tax Act, 1961. The Assessing Officer disallowed the deduction, holding that the amounts constituted "income" under s.2(24)(x) and we

THE REGIONAL DIRECTOR, E.S.I. CORPORATION AND ANR.versusFRANCIS DE COSTA AND ANR.

1996 INSC 103711 September 1996Appeal(s) allowed

The employee, Francis De Costa, was injured in a road accident while riding his own bicycle to work, about one kilometre from his factory and fifteen minutes before his shift began. He claimed disablement benefit under the Employees' State Insurance Act, 1948, and the ESIC Court allowed the claim, which was later dismi

EMP. STATE INSURANCE CORPORATIONversusH.M.T. LTD. AND ANR.

2008 INSC 4811 January 2008Case Allowed

The employer, H.M.T. Ltd., failed to deposit the Employees' State Insurance contributions within the statutory period, prompting the Employees' State Insurance Corporation (ESIC) to claim interest and damages under Section 858 of the Employees' State Insurance Act, 1948. The Karnataka High Court limited interest to two

M/S SRINIVASA RICE MILLversusEMPLOYEES STATE INSURANCE CORPORATION

2006 INSC 83410 November 2006Case Partly allowed

MIS Srinivasa Rice Mill was brought under the Employees' State Insurance Act, 1948 on 1 August 2000. The ESIC had inspected the mill before that date and, based on the inspection, issued a show‑cause notice under section 85(g) threatening criminal prosecution for failure to pay contributions. The mill challenged the no

MR. A TREHANversusM/S. ASSOCIATED ELECTRICAL AGENCIES AND ANR.

1996 INSC 67110 May 1996Dismissed

Mr. A. Trehan, an employee of M/s. Associated Electrical Agencies, suffered a serious eye injury while repairing a television. As an insured person under the Employees' State Insurance (ESI) Act, 1948, he received benefits from the ESI Corporation and later filed a claim for additional compensation under the Workmen's

DAYA KISHAN JOSHI & ANR.versusDYNEMECH SYSTEMS PVT. LTD.

2017 INSC 7269 August 2017Disposed off

The appellant, father of a deceased employee, claimed compensation under the Employees' Compensation Act, 1923 after the employee died in a road accident while returning from a field assignment. The Commissioner and the High Court dismissed the claim, holding the accident was not "arising out of and in the course of em

KISHORELALversusCHAIRMAN, E.S.I. CORPORATION

2007 INSC 5278 May 2007Appeal(s) allowed

Kishore Lal, an employee insured under the Employees' State Insurance (ESI) scheme, complained that his wife received negligent medical treatment at an ESI dispensary, leading to her condition worsening. He filed a complaint before the District Consumer Disputes Redressal Forum seeking compensation for negligence, but

THE EMPLOYEES STATE INSURANCE CORPORATIONversusM/S TEXMO INDUSTRIES

2021 INSC 1678 March 2021Dismissed

The Employees State Insurance Corporation (ESIC) inspected Texmo Industries and found that the company had underpaid ESI contributions by including conveyance allowance in the wage base. Texmo contested, arguing that conveyance allowance is not "wages" under Section 2(22) of the Employees' State Insurance Act, 1948. Th

M/S.WHIRLPOOL OF INDIA LTD.versusEMPLOYEES' STATE INSURANCE CORPORATION

2000 INSC 1278 March 2000Appeal(s) allowed

The appellant, Whirlpool of India Ltd., paid its workers a quarterly production incentive under a scheme in addition to normal wages. The Employees' State Insurance Corporation (ESIC) treated these incentives as "wages" under Section 2(22) of the Employees' State Insurance Act, 1948 and demanded contribution to the ESI

MUNICIPAL CORPORATION OF DELHIversusFEMALE WORKERS (MUSTER ROLL) AND ANR.

2000 INSC 1298 March 2000Dismissed

Female workers employed on a daily‑wage muster roll by the Municipal Corporation of Delhi were denied maternity benefits that regular female employees received. The Industrial Tribunal held that these workers were entitled to the benefits under the Maternity Benefit Act, 1961 and directed the corporation to extend them

EMPLOYEE'S STATE INSURANCE CORPORATIONversusM/S. F. FIBRE BANGALORE (P) LTD.

1996 INSC 13097 November 1996Appeal(s) allowed

The Employees' State Insurance Corporation (ESIC) sought recovery of employer contributions from M/S F. Fibre Bangalore (P) Ltd., which disputed the liability and quantum of the contribution. The dispute centered on whether, under Section 75 of the Employees' State Insurance Act, 1948, the corporation or the employer m

M/S. GOETZE (INDIA) LTD.versusEMPLOYEES STATE INSURANCE CORPORATION

2008 INSC 7737 July 2008Dismissed

M/s. Goetze (India) Ltd. was directed by the Employees' State Insurance Corporation (ESIC) to pay contributions on the efficiency bonus component for the period 1988-1994 under the Employees' State Insurance Act, 1948. After re‑verification, the employer paid the assessed amount in 1997 but ESIC later demanded interest

P.B. KRISHNANKUTTY NAIRversusTHE REGIONAL DIRECTOR, ESI CORPN. & ANR.

2008 INSC 3207 March 2008Dismissed

P.B. Krishnankutty Nair, a former employee covered under the Employees State Insurance (ESI) scheme, suffered an accident on 15 June 1990 and claimed disability benefit. He had ceased to be an employee on 1 October 1989 because his salary exceeded the cut‑off wage, but his contribution period as an insured person conti

INDIAN DRUGS AND PHARMACEUTICALS LTD. ETC.versusEMPLOYEES STATE INSURANCE CORPORATION ETC.

1996 INSC 13006 November 1996Dismissed

The appellants, employers, had their regular employees perform overtime work and paid them overtime wages as per an agreement. The question before the Supreme Court was whether such overtime remuneration falls within the definition of "wages" under Section 2(22) of the Employees State Insurance Act, 1948, especially wh

NATIONAL INSURANCE COMPANY LTD.versusHAMIDA KHATOON AND ORS.

2009 INSC 7236 May 2009Appeal(s) allowed

The deceased employee was killed in a road accident involving a BSF truck. The dependents filed a claim for compensation under Section 173 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, which awarded Rs.1,20,000. The insurer challenged the claim, contending that Section 53 of the Employees' State

TRANSPORT CORPORATION OF INDIAversusEMPLOYEES STATE INSURANCE CORPORATION AND ANR.

1999 INSC 5185 November 1999Dismissed

The Transport Corporation of India, a public carrier with its registered head office in Secunderabad, Andhra Pradesh, was covered by a notification issued by the Andhra Pradesh Government under Section 1(5) of the Employees' State Insurance Act, 1948. The corporation argued that this notification should not extend to i

REGIONAL DIRECTOR, E.S.I. CORPN. AND ANR.versusFRANCIS DE COSTA AND ANR.

1992 INSC 1485 May 1992Matter referred to larger bench

The employee of J&P Coats was struck by his employer's lorry while riding his bicycle on a public road 1 km from the factory, fifteen minutes before his shift began. He claimed disability benefits under the Employees' State Insurance Act, arguing that the injury occurred in the course of his employment. The corporation

EMPLOYEES’ STATE INSURANCE CORPORATIONversusVENUS ALLOY PVT. LTD.

2019 INSC 1435 February 2019Appeal(s) allowed

The Employees’ State Insurance Corporation (ESIC) observed that Venus Alloy Pvt. Ltd., though covered under the Employees’ State Insurance Act, 1948, had not paid ESI contributions on the remuneration paid to its directors. ESIC issued an order on 6 April 2005 directing the company to make the contribution, which the c

HARIHAR POLYFIBRESversusTHE REGIONAL DIRECTOR ESI CORPORATION

1984 INSC 1674 September 1984Dismissed

The Supreme Court examined whether the term "wages" under Section 2(22) of the Employees' State Insurance Act, 1948 encompasses various allowances such as House Rent Allowance, Night Shift Allowance, Heat, Gas and Dust Allowance and Incentive Allowance. The Court held that the Act, being a social‑welfare legislation, g

WELLMAN (INDIA) PVT. LTD.versusTHE EMPLOYEES STATE INSURANCE CORPORATION

1993 INSC 3603 November 1993

Wellman (India) Pvt. Ltd. entered into a settlement with its workers' union in 1966 that created an attendance bonus scheme, which became an express term of the employment contract. The company sought a declaration from the Employees' Insurance Court that the Employees' State Insurance Corporation (ESIC) could not dema

SARDAR NIRMAL SINGH (DEAD) THR. LRS.versusBHATIA SAFE WORKS & ANR.

2016 INSC 11713 March 2016Disposed off

The appellant sought to enforce an auction sale of a plot in Kanpur that had been conducted to recover land revenue under the Employees State Insurance Act, 1948. The auction was held a day after notice, the successful bidder deposited the required 25% by cheque and later by bank draft, both of which were rejected, and

BOMBAY ANAND BHAVAN RESTAURANTversusTHE DEPUTY DIRECTOR, ESI CORPORATION AND ANR.

2009 INSC 11022 September 2009Dismissed

Bombay Anand Bhavan Restaurant, a proprietorship engaged in preparing sweets, savories, coffee and tea, employed more than ten workers and used LPG gas to operate a bottle cooler and coffee roaster. The Deputy Director of the Employees' State Insurance (ESI) Corporation directed the restaurant to pay contributions unde

ZUARI CEMENT LTD.versusREGIONAL DIRECTOR E.S.L.C. HYDERABAD & ORS.

2015 INSC 4702 July 2015Dismissed

Zuari Cement Ltd. had previously obtained exemption from the Employees State Insurance (ESI) scheme under Section 87 of the Employees State Insurance Act, 1948 for 1986‑1993, but its application for renewal for 1993‑2001 was rejected, leading to demand notices for contributions. The High Court directed the company to a

MCLEOD RUSSEL INDIA LIMITEDversusREG. PROVIDENT FUND COMMISSIONER, JALPAIGURI

2014 INSC 4572 July 2014Dismissed

The case concerned a tea estate (Mathura Tea Estate) that defaulted on EPF contributions. After the estate was taken over by Eveready Industries (later McLeod Russel India Ltd.), the new management argued it was not the "employer" liable for damages under Section 148 of the Employees' Provident Funds and Miscellaneous

MUNICIPAL COMMITIEE, ABOHARversusREGIONAL COMMISSIONER, E.S.I. CORPN. AND ANR.

1996 INSC 1742 February 1996Appeal(s) allowed

The Municipal Committee of Abohar operates the Patel Water Works and sought to exclude its water‑department employees from the Employees' State Insurance Act, 1948. The Committee objected when a notice under Section 45‑A of the Act was issued, leading to an appeal under Section 75 after the Insurance Court affirmed the

KOLUTHARA EXPORTS LTD.versusST ATE OF KERALA AND ORS.

2002 INSC 591 February 2002Appeal(s) allowed

Koluthara Exports Ltd., a dealer engaged in buying and exporting fish, was served with a notice under Section 4(2) of the Kerala Fishermen's Welfare Fund Act, 1985 requiring it to contribute one per cent of its sales proceeds to a welfare fund for fishermen. The company challenged the constitutional validity of this co

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