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N. MALA
Joint Director, The Employees State Insurance Corporation, Madurai – Appellant
Versus
Sundaram Textiles Limited, Registered Office: Lakshmi Building, Madurai – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 82 (2) of the E.S.I Act to set aside the fair and decreetal order passed in E.S.I.O.P.No.53 of 2009 on the file of E.S.I. Court (Labour Court), Madurai dated 06.12.2021.)
1. The appeal is filed against the order, dated 06.12.2021 in E.S.I.O.P.No. 53 of 2009 declaring the order of the Assistant Director, ESI in No.57-10388- II/INS.II/MEC/SRO/MDU/3/09 to the tune of Rs.4,62,070/- as null and void.
2. The ESI Corporation is the appellant in the appeal. The respondent is a public limited company registered under the Companies Act. According to the respondent company, it has certified standing orders under which the company engages apprentice employees for the purpose of learning any skilled works which do not exceed three years. The respondent is having its main factory at Nambi Nagar, Nagunari Tirunelveli District and open end unit at Therkkutheru, Melur Taluk, Madurai District. The respondent inspected the petitioner''s concern on 24.07.2008, 25.07.2008 and on 30.07.2008 and found out the omission of contributions under certain heads. The second respondent on the basis of the inspection report, dated 30.07.2008 sen
The main legal point established in the judgment is that apprentice appointed under the standing orders of the establishment are excluded from the definition of employee under Section 2 (9) of the ES....
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.
Employer's obligation to prove non-employee status, non-cooperation in enquiry, and believability of employer's case.
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....
Trainees under certified standing orders are excluded from the definition of 'employee' under the EPF Act unless they perform the same work as regular employees.
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 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 employer's obligation to pay contribution arises from the date of confirmation of coverage, and the employer cannot claim waiver of damages and interest due to the litigation period. The court em....
Cooperation with authorities and production of genuine documents are essential in disputing establishment coverage under the E.S.I. Act.
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