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K. M. JOSEPH, HRISHIKESH ROY
Employees State Insurance Corporation – Appellant
Versus
Key Dee Cold Storage Pvt. Ltd. – Respondent
JUDGMENT :
Hrishikesh Roy, J.
Leave granted.
2. Heard Mr. Santosh Krishnan, the learned counsel appearing for the appellants. The respondent is represented by Mr. Parthiv K. Goswami, the learned counsel.
3. The challenge in this appeal is to the judgment and order dated 1.12.2016 in the RFA No. 82/2006 whereby the Guwahati High Court has allowed the appeal of the respondent and set aside the order dated 28.4.2006 passed in favour of the appellants by the Employees Insurance Court. Under the impugned judgment, it has been held that Village Tarapur, where the factory of the respondent is located, falls outside the municipal limits of Silchar and is therefore not covered under the notification dated 21.7.1999 (Annexure P-I) issued by the appellants under sub-Section (3) of Section 1 of the Employees’ State Insurance Act, 1948 (hereinafter referred to as the “ESI Act”). The other finding of the High Court to the effect that the business of cold storage run by the respondent is covered within the meaning of ‘manufacturing process’ as defined under Section 2(14AA,) is however not challenged in this appeal by the appellants.
4. The issue to be decided here is whether the High Court was correct
The interpretation of statutory notifications and the principle of giving full effect to every word in the notification were central to the judgment.
The duty of the Principal Employer to ensure compliance with the ESI Act for contract workers and the Corporation's right to proceed in accordance with the law if the employer fails to comply.
The Act's implementation cannot be postponed due to the non-availability of a full-fledged hospital, and the rejection of representation seeking a full-fledged hospital did not violate the principles....
Cold storage facilities are classified as 'factories' under the Employees State Insurance Act, as they involve a manufacturing process, necessitating ESI contributions regardless of the number of emp....
Coverage of establishments under Employees’ State Insurance Act, 1948 can be expanded by State Notification.
Educational institutions qualify as 'establishments' under the Employees State Insurance Act, ensuring employee social security benefits, regardless of their non-commercial status.
Non-payment of mandatory contributions – Only Insurance Court constituted under Section 74 of Act of 1948 would be in a position to examine disputed questions of facts.
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