IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Ravi Nath Tilhari, Challa Gunaranjan, JJ
Regional Director, ESI Corporation – Appellant
Versus
Sri Ramakrishna Rice Mill – Respondent
JUDGMENT :
Ravi Nath Tilhari, J.
Heard Sri Venna kalyan Chakravarthi, learned counsel representing Sri U.R.P.Srinivas, learned Standing Counsel for the appellant-ESI Corporation.
2. No representation for the respondents.
3. This appeal under Section 82 of the Employees’ State Insurance Act, 1948 (in short ‘ESI Act’)has been filed by the Regional Director of ESI Corporation challenging the order dated 30.03.2007 in ESI O.P.No.75 of 2005 passed by the Principal Senior Civil Judge, Nellore.
4. The respondent No.1 – M/s.Sri Ramakrishna Rice Mill filed petition being ESI O.P.No.75 of 2005 under Section 75 of ESI Act with the prayer to declare that the said rice mill was not liable for coverage under the provisions of the ESI Act and to set aside the orders dated 02.01.2003 under Section 45A; dated 06.01.2003 and dated 24.03.2005 under Section 45G of the ESI Act, with further directions to the respondents therein (the present appellants) to refund the amounts together with interest at 6.69% per day.
5. The Respondent No.1 was a registered partnership firm which commenced doing milling of paddy by converting into rice and broken rice, bran and husk in the year 1980. It was its case that since
The applicability of the Employees’ State Insurance Act is contingent upon the establishment being classified as a 'factory' with at least 10 employees, as defined under Section 2(12).
The applicability of the Employees’ State Insurance Act is contingent on the factory having the requisite number of employees, and Section 1(6) only applies to those already covered, not to new appli....
A factory is classified as seasonal under the ESI Act if its predominant activity is seasonal, and it is exempt from ESI applicability if it employs fewer than ten workers.
(1) ESI Act should be given liberal interpretation and should be interpreted in such a manner so that social security can be given to employees.(2) ESI contributions – For demand notices for period a....
The voluntary contribution under the EPF Act does not automatically encompass an establishment under the ESI Act, and the Act cannot be extended to establishments without a notification from the appr....
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....
Point of Law : Supreme Court considered the scope of notification of establishments under section 1(5) of the 'ESI Act'.
The main legal point established is that the apprentices appointed under Certified Standing Orders of a factory are exempted from the purview of the Employees'' State Insurance Act, 1948.
The functional integrality of the establishments justified their clubbing and coverage under the Employees State Insurance Act, 1948.
The court established that the presence of more than 10 employees, including Hamals, qualifies the establishment under the applicability of the Employees' State Insurance Act.
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