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S. VAIDYANATHAN, R. KALAIMATHI
Hindustan Unilever Ltd. , Hosur, Rep. by its Senior Legal Executive – Appellant
Versus
Deputy Director, Sub Regional Office (Salem), Employees` State Insurance Corporation, Salem – Respondent
JUDGMENT
(Prayer: Writ Appeal is filed under Clause 15 of the Letters Patent to set aside the order in W.P.No.13712 of 2014 dated 10.08.2022.)
S. Vaidyanathan, J.
This Writ Appeal has been filed against the order dated 10.08.2022 of the learned Single Judge, in and by which, the Writ Petition filed by the Appellant herein, questioning the order issued by the respondent herein, under Section 45-A of the Employees’ State Insurance Act, 1948 (in short the ‘ESI Act, 1948) was dismissed.
2. For the sake of brevity, the parties would be referred to as per the original nomenclature as indicated in this Appeal as ‘Appellant Factory’ and ‘Respondent’.
3. The facts leading to filing of the Writ Petition and the subsequent Writ Appeal by the Appellant Factory are as follows:
i) the Appellant Factory, having one of the factories at Coimbatore, is into the business of manufacturing pure coffee, coffee and chicory mixture in the name and style of M/s.Brooke Bond India Limited and the Appellant Factory does not deal with the process of chicory as a separate item.
ii) It was the stand of the Appellant that there was another company called Lipton India Limited, which ha
The main legal point established in the judgment is that the engagement in blending, packing, and processing of coffee for more than seven months in a year disqualifies a factory from being considere....
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.
Cold storage facilities are classified as 'factories' under the Employees State Insurance Act, as they involve a manufacturing process, necessitating ESI contributions regardless of the number of emp....
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.
Storage of ingredients like yeast in a domestic refrigerator does not constitute a manufacturing process under the ESI Act as it does not involve the direct use of power.
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 applicability of the Employees’ State Insurance Act is contingent upon the establishment being classified as a 'factory' with at least 10 employees, as defined under Section 2(12).
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