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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Diamond Silk Khadi Society – Appellant
Versus
Employees’ State Insurance Corporation – Respondent
Judgment :
SHAMPA DUTT (PAUL), J.
1. The writ application has been preferred against an orders dated 02.05.2022 and 07.01.2025 passed under Section 45-A and 45-AA of the Employees State Insurance Act, 1948.
2. The respondent no.1 is a body corporate constituted under the provisions of the Employees' State Insurance Corporation Act, 1948. The respondent no.2 to 4 are officers discharging duties under the respondent no. 1.
3. The petitioner states that it abides by the "Bye-laws" as provided by the Khadi and Poly Vastra Artisan Welfare and Pension Trust (in short AWFT) KVIC, MSME Government of India. KVIC in its meeting No. 493 dated 29/30.6.1999 resolved in consideration of the resolution to set up Khadi and Poly Vastra Artisan Welfare and Pension Trust, that is, AWFT (Artisan Welfare Fund Trust). It implies that all certified Khadi institutions are to be a member of the said Trust. A Circular was issued on 06.02.2003 for the formation of Khadi and Polyvastra Artisans Welfare and Pension trust state wise in India.
4. The petitioner states that the draft deed of the proposed Trust has been finalized in consultation with the Directorate of Legal Affairs for adherence. The “ARTISAN WELFARE
The central legal point established in the judgment is the direct employment of artisans/karigars by the petitioners for work connected with the establishment, as interpreted under the Employees' Sta....
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 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....
The Sale Depot of the corporation is not covered under the Employees’ State Insurance Act due to the absence of manufacturing activities and failure to meet employee thresholds.
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....
The functional integrality of the establishments justified their clubbing and coverage under the Employees State Insurance Act, 1948.
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.
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