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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY, AMITENDRA KISHORE PRASAD
Holly Cross Higher Secondary School – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
AMITENDRA KISHORE PRASAD, J.
1. In these bunch of cases, the petitioners have challenged the notification dated 27.10.2005 (Annexure P-1) published in Chhattisgarh Gazette under section 1(5) of the Employees State Insurance Act, 1948 and the entire proceedings initiated by respondent no.2 by its notice dated 24.11.2008 and consequent order dated 18.12.2008 (Annexure P-2) and order dated 05.01.2009 and 06.01.2009 (Annexure P-3).
2. Heard Mr. Sourabh Sharma & Mr. Vinod Deshmukh, Counsel for the petitioners. Mr. Atanu Ghosh, Dy. G.A. for the State and Mr. Pranav Saxena, Counsel for the respondent- Employees State Insurance Corporation.
3. In these writ petitions, the Respondent No. 1 issued a notification under sub-section (5) of Section 1 of the Employees’ State Insurance Act, 1948, bringing educational institutions within the scope of the Act, effective from 01.04.2006, as published in the Chhattisgarh Gazette on 28.11.2005. Subsequently, Respondent No. 2 issued a notice on 24.11.2008 demanding payment of contributions totaling Rs. 7,38,238/- from the petitioner’s institution for the period 01.04.1996 to 31.10.2008. The petitioners filed reply to the said recovery notice with
The Employees State Insurance Act, 1948 applies to educational institutions, affirming their classification as 'establishments' to provide social security benefits to employees, regardless of the ins....
Educational institutions qualify as 'establishments' under the Employees State Insurance Act, ensuring employee social security benefits, regardless of their non-commercial status.
Educational institutions are liable to ESI contributions, but interest for certain periods can be waived due to interim stays and delays caused by litigation.
An appeal against recovery proceedings under the E.S.I. Act is not maintainable without first challenging the correctness of the preceding order under Section 45-A.
(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 main legal point established in the judgment is the entitlement to exemption under Section 16(1)(b) of the Act of 1952, based on the recognition of educational institutions by the State Governmen....
Coverage of establishments under Employees’ State Insurance Act, 1948 can be expanded by State Notification.
The interpretation of statutory notifications and the principle of giving full effect to every word in the notification were central to the judgment.
The functional integrality of the establishments justified their clubbing and coverage under the Employees State Insurance Act, 1948.
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