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1990 Supreme(SC) 505

M.M.PUNCHHI, RANGANATH MISRA, K.RAMASWAMY
Employees State Insurance Corporation – Appellant
Versus
Gurdialsingh – Respondent


JUDGMENT

ORDER:—This appeal by special leave is directed against the judgment of the High Court of Punjab & Haryana affirming.the decision of the single Judge in a writ petition. The short question that came before the High court for consideration was whether the Directors of a private limited company had personal liability to meet the demand of contribution arising under the Employees State Insurance Act, 1948. Their liability depended upon the correct interpretation of the term principal employer appearing in S. 2(17) of the Act. The definition reads thus :

"2(17) "Principal employermeans

(i) in a factory, the owner or occupier and includes the managing agent of such owner or occupier, the legal representative of a deceased owner or occupier, and where a person has been named as the manager of the factory under the Factories Act, 1948 (63 of 1948), the person so named;

(ii) in any establishment under the control of any department of any Government of India, the authority appointed by such Government in this behalf or where no authority is so appointed, the head of the Department;

(iii) in any other establishment, any person responsible for the supervision and control of the establis





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