Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Employees State Insurance Act 1948 s.1(6) (inserted w.e.f. 20.10.89 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Employees` State Insurance Act, 1948 (34 of 1948) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Employees State Insurance Act, 1948 – s. 1(6) (inserted w.e.f. 20.10.89) – Whether w.r.t the demand notices post 20.10.89, a factory or an establishment established prior to 20.10.89 shall be governed by the ESI Act notwithstanding the number of persons employed therein – Held: Prior to insertion of sub-section (6) of s. 1, only those establishments/factories engaging more than 20 employees were governed by the ESI Act – However, after sub-section (6) of s.1 was inserted on 20.10.89, under the amended provision a factory or establishment to which ESI Act applies would be governed by the ESI Act notwithstanding that the number of persons employed therein at any time falls below the limit specified by or under the ESI Act – Therefore, for the demand notices for the period after 20.10.89, there shall be liability of every factory or establishment irrespective of the number of persons employed therein – With respect to such a notice it cannot be said that amended s.1 inserting Sub-section (6) is applied retrospectively as held by High Court – Only in case of demand notice for the period prior to inserting Sub-section (6) of s.1, it can be said that the same provision has been applied retrospectively – Sub-section (6) of s.1 therefore, shall be applicable even with respect to those establishments, established prior to 31.03.1989/20.10.1989 – High Court erred in setting aside the demand notices even for the period subsequent to 20.10.89 – Order of High Court set aside – Demand notices for the period post 20.10.1989 restored. Interpretation of Statutes – Social welfare legislation – Interpretation of – Held: ESI Act being a social welfare legislation, any interpretation which would lean in favour of the beneficiary should be given – Employees State Insurance Act, 1948. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 60 |
Petitioner | The Esi Corporation |
Respondent | M/s. Radhika Theatre |
SCR | [2023] 1 S.C.R. 1045 |
Judgement Date | 2023-01-20 |
Case Number | 312 |
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