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SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Gujarat Narmada Valley Fertilizers Co. Ltd. – Appellant
Versus
C. V. Joseph, Jt. Director, Sub-Regional Office, Employees STA – Respondent
ORDER :
(Sunita Agarwal, J.)
ORDER IN SPECIAL CIVIL APPLICATION NO. 7824 OF 2008
1. This is a wholly misconceived petition filed by the Gujarat Narmada Valley Fertilizers Company Limited (in short as “GNVFCL”), seeking to challenge the notice dated 23.01.2008 issued by the Employees’ State Insurance Corporation (in short as “ESI Corporation”), asking the petitioner company to comply with the provisions of the Employees’ State Insurance Act, 1948 (“ESI Act” in short), with respect to the contract workers engaged by the petitioner through the labour contractors.
2. A bare perusal of the notice itself indicates that there is a reference of a Government of India Notification dated 23.12.1993, whereunder it was provided that “Areas within the Municipal limits of City Bharuch, Taluka and District Bharuch and within the revenue and Panchayat limits of villages Bholav, Zadeshwar, Vadadla, Nandelav including Industrial Estate and GIDC Estate Bholav, Taluka and District Bharuch”, came under the ESI Scheme with effect from 16.01.1994 and the said Notification clearly covers “Industrial Estates” and as such ESI Notified Areas are inclusive of Notified Centers of State Government of Gujarat.
3. T
The duty of the Principal Employer to ensure compliance with the ESI Act for contract workers and the Corporation's right to proceed in accordance with the law if the employer fails to comply.
The Act's implementation cannot be postponed due to the non-availability of a full-fledged hospital, and the rejection of representation seeking a full-fledged hospital did not violate the principles....
The interpretation of statutory notifications and the principle of giving full effect to every word in the notification were central to the judgment.
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....
(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 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.
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