Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | s. 2(9) Employees State Insurance Act 1948 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Employees` State Insurance Act, 1948 (34 of 1948) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Employees State Insurance Act, 1948, s. 2(9), definitional amplitude of employee and consequential fall-out of statutory obligations-Whether a cinema theatre Manager who has no statutory obligation to run a canteen or private cycle-stand, but for the better amenities of his customers and improvement of his business enters into an arrangement with another to maintain a canteen and acycle-stand and that other employs, on his own, workers in connection with the canteen and the cycle stand, can be held liable for contribution as the "principalemployer" of the workmen although they are engaged independently by the owner of the canteen or the cycle-stand.The appellants are owners of theatres in the twin cities of Hyderabad and Secunderabad, where films are exhibited. Within the same premises as thetheatre, in every case, there is a canteen and a cycle stand, leased out to contractors under instruments of lease. The contractors employ their own servants to run the canteen and the cycle stand. In regard to persons so employed by the contractors the owners of the theatres were treated as 'principal employers' and notices of demands were issued to them calling upon them to pay contribution under the Employees State Insurance Act. Thereupon the appellant filed an application under s. 75 of the Act before the Employees Insurance Court for a declaration that the provisions of the Act were not applicable to their theatres and that they were not liable to any contribution in respect of thepersons employed in the canteen and the cycle stands attached to their theatres. The Insurance Court found "that the canteens are meant primarily for the convenienceĀ· and comfort for those visiting the cinema theatres though in a few cases the persons in-charge of the canteens seem to be allowing the general public also to have access to the canteens" and that the cycle stands "are meant exclusively for the convenience of the persons visiting the theatres". The Insurance Court held that the owners of the theatres were, therefore, 'principal employers' with reference to the persons employed by the contractors in the canteens and the cycle stands attached to the theatres and rejected the application filed by the owners under s. 75 of the Act. In appeal the High Court confirmed the said findings and hence the appeal by special leave. |
Judge | N/A |
Neutral Citation | 1978 INSC 126 |
Petitioner | Royal Talkies, Hyderabad & Ors. |
Respondent | Employees State Insurance Corp. |
SCR | [1979] 1 S.C.R. 80 |
Judgement Date | 1978-08-09 |
Case Number | 1226-1244 |
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