CMA(MD).No.1438 of 2012

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 05.06.2023

PRONOUNCED ON : 09.06.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

C.M.A(MD)No.1438 of 2012

and MP(MD).No.1 of 2012

R.C.Diocese of Kottar

Through its Financial Administrator

Fr.Francis Borgia

R.C.Diocese of Kottar

Bishop's House

Post Box No.17

Nagercoil 629 001

... Appellant

vs.

1.The Director

Employees State Insurance Corporation

Sub-Regional Office

Madurai

2.The Assistant Director Cum Recovery Officer

Employees State Insurance Corporation

Sub-Regional Office

Tirunelveli

...Respondents

PRAYER:- Civil Miscellaneous Appeal filed under Section 82 of

E.S.I.Act 1948, to allow the civil miscellaneous appeal by setting aside

the judgement and decree passed in E.S.I.O.P.No.8 of 2006 on the file of

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CMA(MD).No.1438 of 2012

the Employees State Insurance Court (Labour Court), Tirunelveli, dated

10.10.2012.

For Appellant

: Mr.RT.Arivukumar

Respondents

: Mr.P.Ganapathysamy

JUDGMENT

The appeal has been filed by R.C.Diocese of Kottar challenging

the order passed by the Labour Court, Tirunelveli in E.S.I.O.P.No.8 of

2006 wherein the E.S.I.Court had rejected the prayer of the appellant for

a declaration that the appellant will not come within the coverage of

Employees' State Insurance Act, 1948.

2.According to the appellant, the R.C.Diocese is committed to

serve people irrespective of caste, creed and colour and doing several

social and religious activities. They are running several institutions as

minority institutions. According to the appellant, they are also running

Home for aged, mentally retarded, handicapped and orphanage. They are

involved in other social, religious and service related activities.

According to the appellant, the Bishop's house is the residence of the

Bishop and Priests. It is not a commercial place and nothing is

manufactured inside the Bishop's house. The Bishop of R.C.Diocese is

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CMA(MD).No.1438 of 2012

the head of 5 lakhs catholic people residing in Kanyakumari District.

Inside the Bishop's house, churches, chappels and rest place for the

priests are available. The Bishop is also residing therein.

3.The appellant had further contended that in order to execute the

said social activities, offerings in churches, voluntary donation,

donations from the well wishers are being utilized. The appellant is

neither a profit making institution nor an industry which produces goods

or materials for marketing purposes.

4.The appellant had further contended that the State Government

and the Central Government have offered a host of concessions,

considering the appellant as a charitable religious institution. According

to the appellant, they have been exempted from the income and property

tax. He had further contended that the employees are engaged only in

social work and the said employees are provided with medical

requirements through a reputed hospital namely Holy Cross Hospital at

Nagercoil. Therefore, the employees of the appellant will not come under

the purview of labour department since they are doing only social work.

5.The appellant had further contended that they are not

undertaking any hard and tedious work or handling any heavy tools or

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CMA(MD).No.1438 of 2012

heavy equipment. Therefore, the nature of work is not likely to result in

any injury. The premises does not have any machineries. Therefore, the

appellant will not come under the coverage of E.S.I.Act. The appellant

had further contended that an inspection was conducted by the officials

of the E.S.I.Corporation on 08.11.2004 and a Survey Visit Note was

issued to the effect that they are employing more than 20 employees and

therefore, they are coverable under E.S.I.Act. On the same day, a

Preliminary Inspection Report was pre