Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1948: s. 1(3) – Issuance of notification dated 21.07.1999 under Employees’ State Insurance Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Employees’ State Insurance Act, 1948: s. 1(3) – Issuance of notification dated 21.07.1999 under – Interpretation of – Establishment of the respondent situated at Tarapur, if covered within the area as notified vide notification dated 21.07.1999 – Held: Respondent’s establishment covered under the purview of the ESI Act – Notification dated 21.7.1999 issued by the Central Government specifies the areas to which the ESI Act is made applicable and significantly, apart from stating that it applies to areas under the Silchar Municipal Corporation, it specifically names additional areas/villages, including the village of Tarapur where the factory of the respondent located – Thus, the notification would extend to areas well beyond the limits of the Silchar Municipal Corporation – If the area of coverage of the ESI Act was intended to be restrictive, there was no need to mention other areas by name in the said notification – Name of Tarapur village is mentioned twice in the notification – Word “including” in the Notification, is used as a word of enlargement, so as to make the territorial application of the ESI Act extensive – Notification is not confined to “only the area under the Silchar Municipal Board”, but includes various areas mentioned therein, in addition to the areas under the Silchar Municipal Board – High Court erred in holding that since the Village Tarapur, where the factory of the Respondent is situated, falls outside the municipal limits of Silchar, the establishment of the respondent is not covered by the notification, thus, the decision of High Court set aside. Interpretation of Statutes: Notification issued u/s. 1(3) of the Employees’ State Insurance Act, 1948 – Principles of interpretation – Held: Notification being a statutory notification, the principles of interpretation of subordinate legislation are applicable – If the words used are unambiguous, the cardinal principle of interpretation is that effect has to be given to every word in the subject notification. |
Judge | Hon'ble Mr. Justice Hrishikesh Roy |
Neutral Citation | 2022 INSC 602 |
Petitioner | The Employees State Insurance Corporation & Ors. |
Respondent | M/s Key Dee Cold Storage Pvt. Ltd. |
SCR | [2022] 3 S.C.R. 842 |
Judgement Date | 2022-05-19 |
Case Number | 4159 |
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