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IMPORTANT COURT RULINGS

SECTIONHEADRATIO IN BRIEF PETITIONERRESPONDENT COURT CITATION
1Interpretation WHEN TWO VIEWS ARE POSSIBLE. ONE FRUCTIFY LEGISLATIVE IS TO BE PREFERRED. Transport CorporationESIC SC 2000SCC(L&S)121:AIR2000SC238:2000ILLJ113:2000LIC203
THE ACT BEING SOCIAL LEGISLATION IT HAS TO BE NECESSARILY SO CONSTRUED AS WILL SERVE ITS PURPOSE AND OBJECTIVE Harihar Polyfibres Pvt LtdESIC SC 1984SCC(L&S)747:AIR1974SC1680:1984LIC1570
THE ESI ACT BEING A WELFARE LEGISLATION A LIBERAL CONSTRUCTION TO BE ADPOTED SO AS NOT TO STULTIFY OR FRUSTRATE THE PURPOSE OF THE LEGISLATION International Ore & Fertilizers(India)Pvt Ltd ESICSC 1987SCC(L&S)391:AIR1988SC79:1988LIC333
WELFARE LEGISLATION TO BE INTERPRETED WITH DUE REGARD TO PART IV OF THE CONSTITUTION AND TELEOLOGICAL APPROACH AND SOCIAL PRSPECTIVE REQUIRED Royal TalkiesESIC SC 1978SCC(L&S)497:AIR1978SC1478:1978LIC1245
1(4) ApplicabilityWHILE ASCERTAINING THE EMPLOYMENT STRENGTH OF AN ESTABLISHMENT FOR THE APPLICABILITY OF THE ACT. ONLY EMPLOYEES COVERED BY SECTION 2(9) SHALL BE COUNTED. M.M. Suri Associated Pvt Ltd.ESIC SC 1999SCC(L&S)132:AIR1999SC803:1999LIC956
WHEN HEAD OFFICE IS COVERED BY NOTIFICATION OF RELEVANT STATE GOVERNMENT. ITS BRANCHES THOUGH SITUATED IN OTHER STATES AUTOMATICALLY GETS COVERED BY ACT. IF IT HAS FUNCTIONAL INTEGRALITY WITH HEAD OFFICE AND IS DIRECTLY CONTROLLED BY HEAD OFFICE. Transport CorporationESIC SC 2000SCC(L&S)121:AIR2000SC238:2000LIC203
ADMINSTRATIVE OFFICE AND BRANCHES CONSTITUTE SINGLE ENTITY AS THE OFFIC E IS SUPERVISING SALE OF BRANCHES AND HENCE IT FALLS WITHIN THE DEFINIATION OF SHOP. Southern AgenciesESIC SC
1(5)Establishments within the meaning of shops SHOP IS PLACE WHERE ANY KIND OF SYSTEMATIC COMMERCIAL ACTIVITIES IS PURSUED AND WHERE SERVICES ARE RENDERED TO CUSTOMETRS. P.K. Mohammad Pvt LtdESIC SC 1993ILLJ482(SC)
DEFINITION OF SHO[P DISCUSSED FOR THE PURPOSE OF SECTION 1(5) International Ore & Fertilizers(India)Pvt Ltd ESICSC 1987SCC(L&S)391:AIR1988SC79:1988LIC333
DELIVERY OF GOODS TO PURCHASE NEED NOT TAKE PALCE AT THE BUSINESS PREMISES ITSELF TO CONSTITUTE A PREMISES INTO A SHOP. International Ore & Fertilizers(India)Pvt Ltd ESICSC 1987SCC(L&S)391:AIR1988SC79:1988LIC333
STEVEDORING. CLEARING AND FORWARDING AGENTS ARE COVERED BY THE WORD SHOP IN NOTIFICATION U/S 1(5) Cochin Shipping Company ESIC SC 1993SCC(L&S)85:AIR1993SC252:1992LIC2577
AN ADVERTISING AGENCY IS A SHOP UNDER A NOTIFICATION U/S1(5) EVEN THROUGH INTANGIBLE SERVICES ARE SOLD THERE SUCH AS SELLING EXPERT ADVICE. R.K SwamyESICSC
A PLACE WHERE BUSINESS OF MAKING AVILABLE SERVICES OF MUSICIANS EMPLOYED BY IT ON WAGES IS A SHOP TO WHICHTHE ACT APPLIES. Hindu Jea BandESIC SC
FIRM CARRYING ON THE BUSINESS OF PLAYING MUSIC AT MARRIAGES AND OTHER SOCIAL FUNCTIONS IS A SHOP. Hindu Jea BandESIC SC
2(8)Employment Injury INJURY SUSTAINED BY EMPLOYEE. WHILE GOING TO FACTORY. IN AN ACCIDENT CAUSED 1 KM AWAY FROM FACTORY IS NOT EMPLOYMENT INJURY. Francis De CostaESIC SC 1996SCC(L&S)1361:AIR1997SC432:1996LIC2720
2(9) The Term Employee IncludesTHE SCOPE OF THE S.2(9) OF THE ACT. 1948 DEFINING THE TERM EMPLOYEE IS VERY WIDE. Royal TalkiesESIC SC 1978IILLJ390(SC)
THE WORDS IN CONNECTION WITH THE WORK OF AN ESTABLISHMENT EXPLAINED IN DETAIL Royal TalkiesESIC SC 1978SCC(L&S)497:AIR1978SC1478:1978LIC1245
THE DEFINITION OF EMPLOYEE U/S 2(9) INCLUDES (I) PERSONS WORKING OUTSIDE THE BUSINESS PREMISES BUT CONNECTED WITH THE BUSINESS (II) DAILY PAID WAGE-EARNERS AND (III) PART-TIMERS. Hindu Jea BandESIC SC 1987SCC(L&S)88:AIR1987SC1166:1987LIC894
PERSONS EMPLOYED FOR WAGES IN ADMINSTRATIVE AND EDITORIAL SECTION OF PRINTING PRESS ARE EMPLOYEE U/S 2(9) Narakesri PrakashanESIC SC 1985SCC(L&S)123:1985ILLJ1:1985LIC396
PERSONS APPOINTED FOR SALE OR DISTRIBUTION OF PRODUCTS IN REGIONAL OFFICE ARE EMPLOYEE WITHIN MEANING OF SECTION 2(9) AS THE PRINCIPAL EMPLOYER HAS CONTROL OVER EMPLOYEES. Kirloskar BrothersESIC SC 1996SCC(L&S)533:AIR1996SC3261:1996LIC1718
MANAGING DIRECTOR ENTERED WITH EXTRA DUTIES IN CONNECTION WITH WORK OF ESTABLISHMENT AND RECEIVING ANNUAL REMUNERATION IS AN EMPLOYEE U/S 2(9) Apex Engineering Pvt LtdESIC SC 1998SCC(L&S)178:1998ILLJ274:1998MAH.LJ12(SC)
CASUAL WORKMEN ENGAGED ON DAILY BASIS FOR CONSTRUCTING ADDITIONAL BUILDING IN FACTORY COMPOUND ARE EMPLOYEES U/S 2(9) South India Flour Mills Pvt LtdESIC SC 1986SCC(L&S)511:AIR1986SC1686
EMPLOYEES WORKING OUTSIDE THE BUSINESS PREMISES AND DAILY WAGE/PART-TIME EMPLOYEES ARE COVERED BY THE ACT. Hindu Jea BandESIC SC 1987SCC(L&S)88:AIR1987SC1166:1987LIC894
PERSONS WORKING OUTSIDE THE FACTORY IN CONNECTION WITH FACTORY'S WORK ARE EMPLOYEES. Hyderabad Asbestos Cement Products Ltd ESICSC 1978SCC(L&S)47:AIR1978SC356:1978LIC307
EDITORIAL AND ADMINSTRATIVE STAFF OF A PRINTING PRESS PUBLISHING NEWSPAPER ARE EMPLOYEES U/S. 2(9) Sri Narakesari Prakashan LtdESIC SC 1985SCC(L&S)123:AIR1984SC1916:1985LIC396(SC)
CASUAL WORKMEN ENGAGED ON DAILY BASIS FOR CONSTRUCTING ADDITIONAL BUILDING IN FACTORY COMPOUND ARE EMPLOYEES U/S 2(9) South India Flour Mills Pvt LtdESIC SC 1986SCC(L&S)511:AIR1986SC1686:1986LIC1193
Term ExcludesAN APPRENTICE IS NOT AN EMPLOYEE AND NO SPECIAL CONTRIBUTION PAYABLE IN RESPECT OF AN APPRENTICE Tata Engg & Loco LtdESIC SC 1975(2)SCC(L&S)41:AIR1976SC66:1976LIC1
A PARTNER IS NOT AN EMPLOYEE. Ramanuja Match Ind.ESIC SC 1985SCC(L&S)213:AIR1985SC278:1985LIC544(SC)
2(12) What constitutes a factoryTHE ENTIRE PREMISES OF A HOTEL CAN BE TREATED AS A FACTORY U/S 2(12) BECAUSE THE MANUFACTURING PROCESS OF COOKING FOOD CARRIED ON ITS LITCHEN HAS A CONNECTION WITH THE ACTIVITIES CARRIED ON IN THE REST OF THE PREMISES. Estern International Hotels LtdESIC SC 1994SCC(L&S)3:1993IILLR945:1994IILLJ883
2(22) Wages includesANY REMUNERATION PAID IN CASH AS PER GOVERNMENT DIRECTION IN EXERCISE OF TI'S POWERS UNDER SECTION 10-B OF THE INDUSTRIAL DISPUTES ACT DURING PENDENCY OF ADJUDICATION OF THE DSIPUTE FOR INCREASE OF WAGES CANNOT BE TERMEDAS EX-GRATIA BUT SHALL BE PART OF THE WAGES SINCE THEY ARE TO BE TREATED AS APID IN TERMS OF CONTRACT OF EMPLOYMENT IN VIEW OF THE DIRECTION OF THE GOVERNMENT THAT THEY ARE TO BE ADJUSTED THE WAGES WHEN THE AWARD IS PASSED AND HENCE. TO BE RECKONED WITH FOR PAYMENT OF CONTRIBUTIONS. Gnanambigai Mills LtdESIC SC 2005(6)SCC67(S.C.2J)2005IIICLR1
PRODUCTION BONUS GIVEN FOR ADDITIONAL PRODUCTION AND AGAINST WHICH EMPLOYEE CAN CLAIM ADVANCE IS COVERED BY WAGES THOUGH PAID QUARTERLY. Modella Woollens LtdESIC SC 1995SSC(L&S)164(SC)
THE ATTENDENCE BONUS PAYABLE TO THE EMPLOYEES UNDER THE SETTLEMENT IS WAGES WITHIN THE FIRST PART OF THE DEFINITION OF WAGES U/S 2(22) Wellman (India) Pvt LtdESIC SC 1994SCC(L7S)504:AIR1994SC1037:1994LIC954
REMUNERATION PAID FOR OVERTIME WORK IS PART OF WAGES U/S 2(22) Indian Drugs & Pharmaceuticals LtdESIC SC 1997SCC(L&S)1038(SC):1997IILLJ700
WAGES INCLUDES HOUSE RENT ALLOWANCE NIGHT SHIFT ALLOWANCE INCENTIVE ALLOWANCE AND HEAT GAS AND DUST ALLOWANCE. Harihar PolyfibersESIC SC 1984SCC(L&S)747:AIR1984SC1680:1984LIC1570
SUBSISTENCE ALLOWANCE PAID TO SUSPENDED EMPLOYEE FORMS PART OF WAGES U/S 2(22) Popular AutomobilesESIC SC 1997SCC(L&S)1842(SC):AIR1997SC3956:1998LIC121
REMUNERATION PAID TO MANGING DIRECTOR WHO SATISFIES DEFINITION OF EMPLOYEE U/S 2(9) IS WAGES U/S 2(22) Apex Engineering Pvt LtdESIC SC 1998SCC(L&S)178:1998MAH.LJ12(SC)
ContributionIGNORACE OF WHEREABOUTS OF PAST EMPLOYEES IS NO GROUND TO ESCAPE THE LIABILITY TO PAY CONTRIBUTION AS IT IS FAILURE OF EMPLOYER TO GET IT AS PER REGULATION 12.14.15. Harrisons Malayalam LtdESIC SC 1998SCCII(L&S)1174:1998IICLR1082(SC)
14(AA) Manufacturing ProcessUSE OF ELECTRIC IRON IN STITCHING PROCESS INA ATAILORING SHOP IS A MANUFACTURING PROCESS. Ram ChanderESICSC 1988SCC(L&S)470:AIR1988SC113:1988IILLJ141
BenefitsBENEFITS ARISING UNDER ACT CAN BE PAID BY CHEQUE OR OTHEREWISE. Kathiar Mazdoor SanghESIC SC 2001ILLJ183(SC)
40 Employer's liability to pay contribution. AN EMPLOYER CANNOT ESCAPE LIABILITY OF CONTRIBUTIONS ON THE GROUND THAT HE HAD NOT DEDUCTED EMPLOYEE'S CONTRIBUTIONS. Hotel Kalpaka InternationalESIC SC 1993SCC(L&S)305:AIR1993SC1530:1993LIC416
THE CONTRIBUTION IN RESPECT OF CASUAL EMPLOYEES OF THE CONTRACTOR IS PAYABLE BY THE PRINCIPAL EMPLOYER ALTHOUGH THE CONTRACT WAS COMPLETED MUCH PRIOR TO THE DEMAND FOR SUCH CONTRIBUTIONS AND THE EMPLOYEES ARE NOT IDENTIFIABLE. Harrison Malayalam Pvt LtdESIC SC 1994SCC(L&S)1:AIR1993SC2655:1994LIC24
THE DEMAND OF ESI CAN BE ENFORCED AGAINST A CLOSED BUSINESS Hotel Kalpaka InternationalESIC SC 1993SCC(L&S)305:AIR1993SC1530:1993LIC416
44 IF EMPLOYER HAS NOT MAINTAINED RECORDS U/S/ 44. ESIC CAN MAKE PROVISIONAL DEMAND U/S 45 BASED ON INFORMATION COLLECTED AND CAN APPROACH ESI COURT U/S 75 IF EMPLOYER DOES NOT COMPLY WITH THE DEMAND. BUT IT CANNOT CENTRAL GOVERNMENT TO ISSUE ORDER/DIRECTION U/S 99A Central PressESIC SC 1977SCC(L&S)310:AIR1977SC1351:1977LIC884
45A & 75 WHEN EMPLOYER DISPUTES APPLICABILITY OF THE ACT OR QUANTUM OF CONTRIBUTION. HE SHOULD APPROACH THE COURTAND SEEK ADJUDICATION. Fibre Banglore Pvt LtdESIC SC 1997SCC(L&S)190(SC):1997LLR225
45B SECTION 45B BEING PROCEDURAL IS RETOSPECTIVE AND CAN BE APPLIED FOR RECOVERY OF CONTRIBUTION FOR THE PERIOD TO ITS INSERTION. Dwarka BhargwaESIC SC 1997SCC(L&R)1680:AIR1997SC3518:1997LIC3372
51A Injury arising out and in course of employment EMPLOYMENT INJURY AS THE TWO JUDGES OF THE SUPREME COURT DIFFERED AS REGARDS THE ISSUE WHETHER THE INJURY SUSTAINED BY THE EMPLOYEE BY THE EMPLOYER'S TRUCK ON A PUBLIC ROAD WHILE BICYCLING TO WORK WAS AN EMPLOYMENT INJURY. THE CASE WAS PLACED BEFORE THE BENCH OF THREE JUDGES. Francis De CostaESIC SC 1994SCC(L&S)195:1992LLR509
85B DamagesDAMAGES LEVIED WITHIN CEILING LIMIT ARE LEGAL AND THOSE EXCEEDING LIMIT ARE ILLEGAL. Narnait Pharmaceuticals & Chemicals Pvt Ltd ESICSC 1998SCC(L&S)229:1998IILLJ43(SC)
REGIONAL DIRECTOR BEING OFFICER COMPETENT TO EXERCISE POWERS UNDER THE ACT. HIS ORDER IMPOSING DAMAGES IS VALID. Sovrin Knit WorksESIC SC 1997SCC(L&S)311(SC):AIR1997SC1771:1997LIC497

 

 

 

 

 

 

 

 
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