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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V. M.
P.n. Uma Shankar – Appellant
Versus
Deputy Director(incharge) – Respondent
JUDGMENT :
SYAM KUMAR V.M., J.
These two appeals challenge the same judgment dated 16.02.2023 in I.C. No. 35 of 2021 of the Employees Insurance Court (EI Court), Alappuzha. Since the parties and the issues to be considered are the same in the both appeals, they are heard and disposed of together. Parties are hereinafter referred to as per their status in the original proceedings before the EI Court.
2. Ins. App No. 12 of 2023 is filed by the Secretary of the Kerala Electrical Wiremen and Supervisors Association. He challenges the judgment of the EI Court to the extent that it declared the members of the said Association who had been shown as employees cannot be registered under the Employees' State Insurance Act ('ESI Act' for short) as they are self-employed persons. On the other hand, Ins. App No. 2 of 2024 has been filed by the ESI Corporation challenging the judgment to the extent that it revoked the Corporation's cancellation of the applicant Association's ESI Code number.
3. The contentions of the applicant in brief are as follows:
Applicant Association is registered as a charitable society under the Travancore-Cochin Literary and Charitable Societies Act, 1955. It undertakes vari
Self-employed individuals cannot be registered as employees under the Employees' State Insurance Act, necessitating a genuine employer-employee relationship for eligibility.
Cooperation with authorities and production of genuine documents are essential in disputing establishment coverage under the E.S.I. Act.
The functional integrality of the establishments justified their clubbing and coverage under the Employees State Insurance Act, 1948.
(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 court ruled that workers engaged in pre-operative fit-out works are not covered employees under the ESI Act and ordered a refund of contributions based on prior incorrect payments.
Pre-operative fit-out workers are not considered employees under the E.S.I. Act as they do not qualify for coverage based on the establishment's operational timeline, rendering the request for ESI co....
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