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H. T. NARENDRA PRASAD
Employees State Insurance Corporation – Appellant
Versus
Modern Traders – Respondent
JUDGMENT/ORDER
1. This appeal is filed by the Employees State Insurance Corporation (hereinafter referred to as 'the ESI Corporation') under Sec. 82 of the Employees State Insurance Act, 1948 (hereinafter referred to as 'the ESI Act') challenging the order dtd. 29/9/2014 passed by the Employees State Insurance Court at Bangalore (hereinafter referred to as 'the ESI Court') in E.S.I. Application No.20/2010, whereby the application has been allowed in part and applicant was held liable to pay the contribution towards the wages and salaries for the year 2006-2007 to the ESI Corporation, but in respect of the years 2004-2005 and 2005-2006, the same has been rejected.
2. For the sake of convenience, the parties are referred to as per their rankings before the E.S.I. Court.
3. The brief facts of the case are that the applicant was carrying on the business in steel trading for which it uses cranes and also engaged the services of loaders and un-loaders and for the services rendered by the loaders and un-loaders the applicant was paying coolie and there is no master and servant relationship between the applicant and the loaders and un-loaders. Hence, they are not the employees as defined un
The central legal point established in the judgment is the interpretation of the definition of 'employee' under Sec. 2(9) of the ESI Act and the provisions related to the payment of contribution and ....
The court established that employment status must be supported by concrete evidence, and inferences drawn without such evidence are insufficient to impose liability under the Employees’ State Insuran....
Payments for transport charges do not constitute wages under the Employees' State Insurance Act, and contractors are not considered employees as per the Act's definitions.
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....
Employer's obligation to prove non-employee status, non-cooperation in enquiry, and believability of employer's case.
The liability to pay E.S.I. contribution and interest is determined by the effective date of the notification and the adjudication of the actual amount payable.
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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