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J. B. PARDIWALA, SANDEEP MEHTA
Employees State Insurance Corporation Ltd. – Appellant
Versus
Nagar Nigam Allahabad – Respondent
1. The instant appeal by special leave is directed against the impugned order dated 25th October, 2021 passed by the High Court of Judicature at Allahabad in Writ (C) No. 14971 of 2009 whereby the writ petition filed by respondent No. 1-Nagar Nigam, Allahabad was allowed.
2. The learned Single Judge of the High Court vide impugned order held that the employees of respondent-Nagar Nigam are not covered under the Employees’ State Insurance Act, 1948 (hereinafter being referred to as the ‘Act of 1948’) and as a consequence thereof, the notice dated 3rd February, 2009(hereinafter being referred to as ‘recovery notice’) issued by the Authorised Officer of the appellant-Corporation was quashed and amount already realized was directed to be refunded to the respondent-Nagar Nigam (subsequently designated as the Municipal Corporation) within three months.
3. The appellant-Corporation herein has preferred the instant appeal with a pertinent plea that the respondent-Nagar Nigam operates a Central Workshop (hereinafter ‘the workshop’), where activities of repairing and maintaining different types of vehicles are carried out. As per the appellant-Corporation, the workshop is covered by the defini
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.
Writ jurisdiction is discretionary and should not be exercised when an efficacious statutory remedy exists, especially for disputes involving complex factual determinations. Courts should defer to sp....
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 central legal point established in the judgment is the interpretation of the term 'seasonal factory' under Section 2 (19-A) of the ESI Act, particularly in relation to the manufacturing processes....
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....
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