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KARAMJIT SINGH
Employees State Insurance Corporation – Appellant
Versus
Hari Health and Education Foundation M. K. Hospital Bhiwani – Respondent
JUDGMENT
Mr. Karamjit Singh, J. (Oral)
The present appeal is filed by the appellants against the judgment dated 22.08.2023 passed by ESI Court of Civil Judge (Senior Division), Bhiwani whereby the petition filed by respondent under section 75 of the Employees State Insurance Act has been allowed.
2. The brief facts of the case of the respondent are that respondent's hospital i.e. M.K. Hospital, Bhiwani was being run by Shri Hari Health and Education Foundation, New Delhi and is a charitable hospital. The said hospital came under ESI Act w.e.f. 07.05.2013 and its started complying with the provisions of ESI Act. The hospital prepared the list of employees. That appellant No.2 passed order dated 06.07.2016 to the effect that employer has failed to pay the contribution in respect of the employees who were employed by house keeping company i.e. M/s Krishna Facility Management Services which was hired by respondent hospital. As per order dated 06.07.2016 team of SSO reported about the coverable employees on 17.05.2013. The team also mentioned the name of Dinesh Pahuja head of marketing. The SSO team forced Dinesh Pahuja to sign certain statement, which he was not authorized to do. The te
The inspection team’s failure to adhere to procedural guidelines invalidated the recovery order under the Employees State Insurance Act, reinforcing the importance of proper authorization and adheren....
Cooperation with authorities and production of genuine documents are essential in disputing establishment coverage under the E.S.I. Act.
Point of law : Partnership Act - In the enquiry, sufficient opportunity was not given to the respondent to produce documents or to adduce evidence. Hence, the question raised by the appellant regardi....
Employer's obligation to prove non-employee status, non-cooperation in enquiry, and believability of employer's case.
The court established that the presence of more than 10 employees, including Hamals, qualifies the establishment under the applicability of the Employees' State Insurance Act.
Damages under the E.S.I. Act are discretionary, not mandatory, and must consider genuine hardships, reaffirming that penalties should not automatically apply.
The main legal point established in the judgment is the importance of exhausting the alternative statutory remedies provided under the Employees State Insurance Act, 1948 before seeking judicial inte....
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