Definition of factory covers "shop",
and there being more than 20 persons, ESI coverage is valid.
Anant Raj Agencies Pvt. Ltd. vs.
Regional Director, ESI Corporation & Anr. 2011 I CLR 120 (Del. HC)
Doing loading and unloading of
cargo outside the premises of employer will come under 'shop' for ESI purpose.
ESI applicable.
Employees' State Insurance
Corporation vs. Sea Hawk Cargo Carriers Pvt. Ltd. 2011 (128) FLR 82 (Del. HC)
Even if blending and packing of
tea in continuation to manufacturing process in plantation is done whole the
year, would amount to seasonal factory and will be out of ESI coverage.
Hindustan Lever Ltd.
Kirumampakkam, Pondicherry vs. Deputy Director, Regional Office (Pondicherry)
Employees, State Insurance Corporation, Pondicherry and others. 2011 (128) FLR
108 (Mad. HC)
The establishment providing
professional services about machine tools and equipments to industries rightly
covered under ESI as "shop".
Machine Tools (India) Ltd., vs.
Employees' State Insurance Corporation. 2011 LLR 121 (Del. HC)
Providing services of sale and
purchase of immovables will be termed as shop under Delhi Shops Act making the
establishment coverable under ESI Act
Anant Raj Agencies Pvt. Ltd. vs.
Regional Director, ESI Corporation & Anr. 2011 LLR 204 (Del. HC)
ESI Act not applicable on Nagar
Palika/Parishad employees.
Nagar palika, Hardwar vs.
Employees' state Insurance Corporation and others. 2011 (128) FLR 331
(Uttarakhand HC)
Proceedings under section 45A and
under section 75 of the Employees' State Insurance Act are distinct and no
period of limitation for recovering arrears under section 45A of the Act is
applicable.
Deputy Director, Employees' State
Insurance Corporation, Hyderabad vs. CMC Ltd. (A Govt. Business Manager of
India Enterprise), Rep. by its Senior Executive, Legal & I.R. Sri A.M. Rao.
2011 LLR 247 (AP HC)
When the master servant
relationship was not denied before the Labour Inspectors by the employer,
absence of employee name in the ESI record will not be sufficient to prove that
employee was not employed by the employer.
Vivek Metal Industries vs. P.O.,
L.C & Ors. 2011 LLR 239 (Del. HC)
Production incentive paid by the
company to its employees would be part of "wages". E.S.I.
contribution would be payable in respect of the same. Impugned order passed by
E.S.I. Court set aside.
E.S.I. Corporation vs. Traco
Cable Co. Ltd. 2011(128) FLR 656 (Kerala HC)
For recovery of ESI dues, the
personal property of a former Director of a Company cannot be attached.
Rani K. Lulla vs. Employees'
State Insurance Corporation, Chennai. 2011 LLR 289 (Mad. HC)
Clubbing of employees working in
sales office and manufacturing unit for coverage under ESI is proper.
E.S.I. Corporation vs. Vijay
Grover. 2011 (129) FLR 102 (Del. HC) ; 2011 LLR 499 (Del. HC)
Director / Managing Director
receiving salary less than the prescribed under ESI Act will come within the
definition of employee under the Act.
Employees' State Insurance
Corporation through its Regional Director vs. Padma Bhawan Engineers (P) Ltd.
and Others. 2011 LLR 433 (P&H HC)
Non profit making organization is
not entitled to waiver of condition of 50% deposit of the amount directed by EI
Court.
Sulabh International Social
Service Organisation vs. Employees' State Insurance Corporation and Anr. 2011
LLR 435 (P&H HC)
For admitting the appeal against
ESI demand, 25% instead of 50% deposit by employer would be proper because
there is no ESI hospital near the workplace.
M/s. Bihar Industrial Corporation
vs. State of Jharkhand and Others. 2011 LLR 485 (Jharkhand HC)
Recovery of ESI dues under
section-45A of ESI Act not maintainable when raised after 5 years.
M/s. Madhav Retreads vs.
Employees' State Insurance Corporation and Others. 2011 LLR 492 (Jharkhand HC)
Sick company cannot stall ESI
recovery dues merely because it was sick under BIFR.
A&F Overseas Trade Limited
vs. Regional Director, Employees' State Insurance Corporation & Anr. 2011
LLR 451 (Mad. HC)
Pendency of BIFR proceedings
cannot prevent ESI authorities from enforcing the provisions of the Act. Employer
cannot escape from interest on delayed payments. But damages can be waived or
reduced.
M.M. Rubber Company Ltd. vs.
Deputy Director, Employees' State Insurance Corporation & Ors. 2011 LLR 454
(Mad. HC)
Giving 7 days notice instead of
15 for recovery of ESI dues by the authorities would be illegal under sec. 45G.
M/s. G.R. Thangamaligai Jewellers
vs. M/s. Employees' State Insurance Corporation & Anr. 2011 LLR 545 (Mad.
HC)
Writ petition against show cause
notice issued by ESI authorities under Sec. 75 & 45 A of ESI Act not
maintainable. Employer is under obligation to reply show cause notice.
Alagappa Spinning Mills Pvt. Ltd.
Represented by its Personnel Officer, Rajapalayam, Virudhunagar vs. Employees'
State Insurance Corporation. 2011 LLR 573 (Madras HC)
Principles of limitation are not
applicable on recovery of interest amount on delayed payment of ESI
contributions.
Essma Woollen Mills Pvt. Ltd. vs.
Employees' State Insurance Corporation and Anr. 2011 LLR 650 (P& H HC)
Prosecution against employer
under ESI beyond limitation period of 6 months will not be maintainable.
E.S.I. Corporation vs.
Brajakishore Panigrahi and Another. 2011 (129) FLR 347 (Orissa HC)
An order by Employees' Insurance
Court rejecting plea for waiver of deposit of 50% amount due (under section
75(2-B) of ESI Act, 1948) is not appealable since no substantial question of
law has arisen.
JCT Electronics Ltd. Mohali
through its Vice President vs. Employee's State Insurance Corporation, New
Delhi and Others. 2011-II LLJ 3803 (P& H HC)
The ESI Act has not provided for
an appeal against an award declining to impose interest and/or penalty.
Shankarji Kaluji Thakur vs.
Chabindas Babulal Jain. LLN (1) 2011 P. 472 (Guj. HC)
Schools fall within the ambit of
establishments as provided in section 1(5) of the ESI Act.
Private Schools Co-ordination
Committee vs. State & Ors. LIC 2011 P. 997 (J&K HC)
Architectural / Engingeering
consultancy organization will be 'shop' for the purpose of coverage under ESI
Act.
Consulting Engineering Services
(I) Pvt. Ltd. vs. Chairman, ESI Corporation & Ors. 2011 LLR 687 (Del. HC)
When employees of two units
working in the same premises having functional integrality with common
electricity connection, both the units will be treated one for the coverage
under ESI Act.
Regional Director, Employees'
State Insurance Corporation Ltd., Chennai vs. M/s. Ambika Offset. 2011 LLR 726
(Mad. HC)
Conveyance allowance will not attract ESI contribution.
M/s Asian Paints (India) Ltd.
(Now known as Asian Paints Ltd.) vs. The Employees' State Insurance Corporation
& Anr. 2011 LLR 776 (AP HC)
"Minority" institutions
having constitutional protection to administer the institution in their own
manner, signify an identifiable group of people or community, who are seen as
deserving protection from likely deprivation of their religious, cultural and
educational rights by majority communities and likely to gain political power
in a democratic form of government based on election hence coverage of
educational institutions by clubbing them with others will not be legal and
their coverage under ESI Act is liable
to be set aside.
Salesian Province of Kolkata
(Northern India), represented by its Secretary, Father Mananchira Chacko
Matthew vs. State of West Bengal & Ors. 2011-II CLR 666 (Cal. HC)
When there were only eight
employees and such attendance register was also scruitinized by the ESI
inspector, no amount of contribution can be determined against such employer,
specifically when the establishment was not liable to covered.
Syndicate Printers by its
Proprietor, V. Chockalingam, Contract of Insurance-14 vs. The Regional
Director, ESI Corporation, 143 Sterling Road, Contract of Insurance-34. 2011
LLR 963 (Mad.HC)
Travelling allowance is not wages
for the purpose of ESI.
Conveyance allowance is
synonymous to travelling allowance.
Sirpur Paper Mills Ltd. vs.
Employees' State Insurance Corporation, Hyderabad. 2011 III CLR 121 (AP HC);
2011 LLR 1174
Order threatening coercive action
for failure to pay ESI contribution cannot be challenged on the ground that the
company had become sick or that the demand for interest was unjustified.
M.M. Rubber Co. Ltd. vs. Dy.
Director, Employees State Insurance Corpn., Chennai. LLJ (III) 2011 P. 322
(Mad. HC)
Waiver of deposit of 50% of the
amount as challenged in a petition under section 75 of the ESI Act rightly
denied since no extraordinary circumstances have been made out from the
petitioner.
M/s. Aakavi Spinning Mills Pvt.
Ltd., Melasubrayapuram vs. Employees' State Insurance Corporation, Pondicherry.
2011 Lab. IC 3098 (Mad. HC)
Notifications relating to
increase in wage limit under ESI Act do not violates Article 21 of
Constitution.
Elgi Equipments Workers &
Staff Union, Coimbatore vs. Union of India and Others. 2011(4) LLN 305 (Mad.
HC)
No damages for late deposit
without serving show cause notice.
A.K. Industries, Rohtak through
its Authorised Signatory D. Mukherjee vs. Employees' State Insurance
Corporation through its Regional Director, Faridabad and Ors. 2011 LLR 1248
(P&H HC)
In the absence of having any
medical facility for treatment of heart ailment by ESIC, expenses incurred for
treatment is a private hospital by the employee who died, his legal heirs will
be entitled for reimbursement of expenditure from ESIC.
Regional Director, E.S.I.
Corporation, Bangalore vs. Smt. Lakshmi Biradar and Others. 2011 LLR 1271
(Karn. HC)
Managing Director or Director of
a company can't be treated as an employee under the Act.
Regional Director, E.S.I. v. Sri
Vasavi Cold Storage Pvt. Ltd. LLN (3) 2010 P. 438 (A.P. HC)
Merely using deep freezer by a
hotel employing 11 employees will not make him coverable under ESI with in the
definition of factory.
Arif (Mohd.) vs. Employees' State
Insurance Corp. 2011 LLR 91 (Del. HC)
The payment towards production
incentive paid to the employees within a span of two months will be deemed as
'wages' for ESI contributions.
E.S.I. Corporation vs. Traco
Cable Co. Ltd. 2010(4) KLT 892 (Kerala HC)
