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Employees' State Insurance Act, 1948

110 judgments · newest first · showing 1–110

EMPLOYEES STATE INSURANCE CORPORATIONversusM/S. SHREE ENTERPRISES AND ORS

Dismissed

The Employees State Insurance Corporation appealed against the acquittal of two respondents in a case under Sections 85(a) and 85(i)(b) of the Employees' State Insurance Act, 1948. The Metropolitan Magistrate had acquitted the respondents, but the appellant argued that the appeal should be heard on …

EMPLOYEES STATE INSURANCE CORPORATIONversusM/S. SHREE ENTERPRISES AND ORS

Dismissed

The Employees State Insurance Corporation appealed against the acquittal of two respondents by a Metropolitan Magistrate in a case under Sections 85(a) and 85(i)(b) of the Employees' State Insurance Act, 1948. The police report indicated that the first respondent's establishment did not exist at the …

REGIONAL DIRECTORversusSHREE MAHILA GRUH UDYOG LIJJATPAPAD

38-RULE ABSOLUTE/ALLOWED @ FH

The Employees State Insurance Corporation (ESIC) issued notices demanding contribution from Shree Mahila Gruh Udyog Lijjat Papad, a society of women who roll papads at home, alleging that the society was an "establishment" under the Employees State Insurance Act, 1948. The ESIC Court had earlier …

REGIONAL DIRECTORversusSHREE MAHILA GRUH UDYOG LIJJATPAPAD

38-RULE ABSOLUTE/ALLOWED @ FH

The Employees State Insurance Corporation (ESIC) issued notices demanding contribution from Shree Mahila Gruh Udyog Lijjat Papad, a society of women who roll papads at home, alleging that the society was an "establishment" under the Employees State Insurance Act, 1948. The ESIC Court had earlier …

Most. Anita DeviversusThe State of Bihar

DISPOSED

Anita Devi filed a writ petition seeking the family pension ordered by the Employees' Provident Fund Organisation and a compensation of Rs.4 lakh under the National Disaster Programme after her husband's death. The State contended that her husband was not a direct employee of South Bihar Power …

Ekta ManchversusThe Employees States Insurance Corporation

ALLOWED

Ekta Manch filed a writ petition challenging an order dated 23 July 2020 issued by the Assistant Director (Authorized Officer) of the Employees State Insurance Corporation (ESIC). The High Court observed that the order was passed while the nation was under a complete COVID‑19 lockdown and therefore …

EMPLOYEES STATE INSURANCE CORPORATIONversusSUDHABEN RAMANBHAI PATEL

38-RULE ABSOLUTE/ALLOWED @ FH

The Employees' State Insurance Corporation (ESI) appealed against an ESI Court order granting dependency benefits to the family of the deceased Ramanbhai Patel, who died of a cardiac arrest while on duty. The appellant argued that the death was due to a pre‑existing coronary disease and not an …

EMPLOYEES STATE INSURANCE CORPORATIONversusM/S. SAWANTWADI LUNCH HOME

Dismissed

The Employees' State Insurance Corporation (ESIC) filed a criminal revision against M/s Sawantwadi Lunch-Home for alleged non‑payment of statutory ESI contributions, seeking to overturn an acquittal granted by the Metropolitan Magistrate under Section 85(a) of the Employees' State Insurance Act, …

DAIVSHALA & ORS.versusORIENTAL INSURANCE COMPANY LTD. & ANR

2025 INSC 904Appeal(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 …

NEW INDIA ASSURANCE CO. LTD.versusKAMLESH AND OTHERS.

2025 INSC 724Disposed 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 …

AJAY RAJ SHETTYversusDIRECTOR & ANR.

2025 INSC 500Dismissed

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 …

THE ESI CORPORATIONversusM/S. RADHIKA THEATRE

2023 INSC 60Appeal(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 …

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

2022 INSC 1069Dismissed

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" …

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

2022 INSC 744Dismissed

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 …

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

2022 INSC 201Dismissed

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 …

THE EMPLOYEES’ STATE INSURANCE CORPORATIONversusUNION OF INDIA & ORS.

2022 INSC 77Appeal(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, …

THE EMPLOYEES STATE INSURANCE CORPORATIONversusM/S TEXMO INDUSTRIES

2021 INSC 167Dismissed

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 …

EMPLOYEES’ STATE INSURANCE CORPORATIONversusVENUS ALLOY PVT. LTD.

2019 INSC 143Appeal(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 …

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

2017 INSC 726Disposed 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 …

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

2016 INSC 1171Disposed 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 …

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

2016 INSC 221Appeal(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 …

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

2015 INSC 470Dismissed

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 …

DHROPADABAI AND OTHERSversusM/S. TECHNOCRAFT TOOLINGS

2015 INSC 977Dismissed

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 …

DELHI GYMKHANA CLUB LTD.versusEMPLOYEES STATE INSURANCE CORPN.

2014 INSC 742Dismissed

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. …

MCLEOD RUSSEL INDIA LIMITEDversusREG. PROVIDENT FUND COMMISSIONER, JALPAIGURI

2014 INSC 457Dismissed

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 …

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

2010 INSC 243Appeal(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 …

EMPLOYEES STATE INSURANCE CORPORATIONversusBHAKRA BEAS MANAGEMENT BOARD & ANR.

2009 INSC 1151Appeal(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 …

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

2009 INSC 1102Dismissed

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 …

FERTILIZERS & CHEMICALS TRAVANCORE LTDversusREGIONAL DIRECTOR, ESIC & ORS.

2009 INSC 1060Appeal(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 …

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

2009 INSC 970Dismissed

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 …

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

2009 INSC 911Appeal(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 …

NATIONAL INSURANCE COMPANY LTD.versusHAMIDA KHATOON AND ORS.

2009 INSC 723Appeal(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 …

BANGALORE TURF CLUB LTD.versusREGIONAL DIRECTOR, ESI CORPORATION

2009 INSC 628Matter 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 …

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

2008 INSC 841Dismissed

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, …

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

2008 INSC 773Dismissed

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 …

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

2008 INSC 320Dismissed

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 …

BHARAT HEAVY ELECTRICALS LTD.versusESI CORPORATION

2008 INSC 191Case 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 …

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

2008 INSC 48Case 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 …

KISHORELALversusCHAIRMAN, E.S.I. CORPORATION

2007 INSC 527Appeal(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 …

E.S.I.CversusC.C. SANTHAKUMAR

2006 INSC 871Disposed 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 …

M/S SRINIVASA RICE MILLversusEMPLOYEES STATE INSURANCE CORPORATION

2006 INSC 834Case 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 …

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

2006 INSC 359Disposed 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, …

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

2005 INSC 445Appeal(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 …

EMPLOYEES STATE INSURANCE CORPORATIONversusGNANAMBIGAI MILLS LTD.

2005 INSC 300Appeal(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 …

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

2003 INSC 489Dismissed

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 …

M/S. BHARAGATH ENGINEERINGversusR. RANGANAYAKI AND ANR.

2002 INSC 572Appeal(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 …

KOLUTHARA EXPORTS LTD.versusST ATE OF KERALA AND ORS.

2002 INSC 59Appeal(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 …

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

2001 INSC 125Dismissed

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 …

CHRISTIAN MEDICAL COLLEGEversusEMPLOYEES STATE INSURANCE CORPORATION

2000 INSC 539Dismissed

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, …

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

2000 INSC 523Dismissed

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 …

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

2000 INSC 127Appeal(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 …

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

2000 INSC 129Dismissed

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 …

TRANSPORT CORPORATION OF INDIAversusEMPLOYEES STATE INSURANCE CORPORATION AND ANR.

1999 INSC 518Dismissed

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 …

HANDLOOM HOUSE ERNAKULAMversusREGIONAL DIRECTOR, ESI

1999 INSC 212Appeal(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 …

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

1998 INSC 405Dismissed

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 …

WESTERN INDIA PLYWOOD LTD.versusSHRI. P. ASHOKAN

1997 INSC 663Appeal(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 …

EMPLOYEES STATE INSURANCE CORPORATIONversusDWARKA NATH BHARGWA

1997 INSC 616Appeal(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 …

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

1996 INSC 1410Dismissed

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 …

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

1996 INSC 1309Appeal(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 …

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

1996 INSC 1037Appeal(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, …

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

1996 INSC 671Dismissed

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 …

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

1996 INSC 174Appeal(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 …

KIRLOSKAR BROTHERS LTD.versusEMPLOYEES STATE INSURANCE CORPN.

1996 INSC 121Dismissed

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 …

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

1995 INSC 76Case 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 …

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

1993 INSC 360

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 …

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

1993 INSC 349Appeal(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 …

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

1993 INSC 277

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 …

EMPWYEES STATE INSURANCE CORPORATIONversusHOTEL KALPAKA INTERNATIONAL

1993 INSC 18Appeal(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 …

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

1992 INSC 208Dismissed

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, …

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

1992 INSC 148Matter 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 …

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

1991 INSC 295Dismissed

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 …

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

1990 INSC 101Appeal(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 …

REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATIONversusRAM CHANDER

1987 INSC 297Appeal(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 …

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

1985 INSC 41Dismissed

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 …

HARIHAR POLYFIBRESversusTHE REGIONAL DIRECTOR ESI CORPORATION

1984 INSC 167Dismissed

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 …

BANDHUA MUKTI MORCHAversusUNION OF INDIA & OTHERS

1983 INSC 203Disposed 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 …