Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mrs.Justice L.Victoria Gowri, J
Employees's State Insurance – Appellant
Versus
Adisankara Spinning Mills Pvt. Ltd. – Respondent
JUDGMENT :
1. This Civil Miscellaneous Appeal has been filed by the appellant, challenging the judgment and decree passed by the ESI Court (Labour Court), Madurai, in E.S.I.O.P.No.26 of 2012 dated 22.01.2022.
2. For the sake of convenience, the parties are arrayed herein as per the ranking in E.S.I.O.P.No.26 of 2012.
3. The petitioner therein was the Adi Sankara Spinning Mills Private Limited, who is the respondent herein. The respondent therein is the appellant herein. The said E.S.I.O.P. was laid by Adisankara Spinning Mills Pvt. Ltd., challenging the order passed by the Sub Regional Office (Madurai), Employees' State Insurance Corporation, under Section 45A of the ESI Act, 1948, as against the petitioner.
4. The crux of the order was with respect to directing Adisankara Spinning Mills Pvt. Ltd., E.S.I. Code No.57-00-00-047751-000-0699, situated at Dindigul, covered under Employees's State Insurance Act, 1948, were required to pay the contribution in accordance with Section 40 of the said Act read with Regulations 29 and 31 of the Employees's State Insurance (General) Regulations, 1950, framed under the Act. Since the employer failed to pay contribution as required by law, notice was
The court affirmed that separate operational units can be deemed branches of a single entity based on financial and managerial integration, despite having distinct registrations.
The functional integrality of the establishments justified their clubbing and coverage under the Employees State Insurance Act, 1948.
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....
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.
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 in the judgment is the joint and several liability of the transferee and the transferrer under Section 93A of the Employees State Insurance Act.
Point of Law : Supreme Court considered the scope of notification of establishments under section 1(5) of the 'ESI Act'.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
