Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE RAVI NATH TILHARI, SRI JUSTICE CHALLA GUNARANJAN, JJ
The Esi Corporation – Appellant
Versus
Lakshmi Lavanya Dhall 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 and decree dated 20.10.2005 in ESI O.P.No.81 of 2001 passed by the Principal Senior Civil Judge, Nellore.
4. The respondent No.1 – Lakshmi Lavanya Dhall Mill filed petition being ESI O.P.No.81 of 2001 under Section 75 of ESI Act with the prayer to set aside the order of the Regional Director, ESI Corporation dated 07.08.2000 covering the respondent No.1 – factory under the provisions of the ESI Act.
5. The case of the respondent No.1 was that at any point of time it never employed more than 7 persons in the factory. On 16.06.2000, ESI inspector, Podalakur Road, Nellore visited the factory and at that time there were three customers who came to purchase the pulses in the factory. Without hearing the request of respondent No.1, ESI Inspector included their names to the employees of the factory and
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....
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.
Point of Law : Supreme Court considered the scope of notification of establishments under section 1(5) of the 'ESI Act'.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
