Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Ss. 2(9) 1948 2(14) and 82 Employees State Insurance Corporation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Employees State Insurance Corporation Act, 1948; Ss. 2(9), 2(14) and 82:Persons engaged by a contractor for doing work at Railway - Employees - Classification of in the context of s.2(g) of the 1948 Act - Whether employees of contractor or Railway - Held: High Court did not analyze the factual position to see the applicability of s.2(g) of the Act - Under the circumstances, it would be appropriate to remit the matter to High Court to decide by analyzing the factual position for applicability of the provisions of the Act - Directions issued.The question involved for determination in the appeals was as to whether the workmen engaged by the appellant-organisation were encompassed by the definition of an 'employee' under Section 2(9) of the Employees State Insurance Act. Appellant contended that without analyzing the factual position and formulating the right issues, the High Court in an abrupt manner dismissed the appeals; and that there were different categories of persons involved and one uniform yardstick cannot be applied to them. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 966 |
Petitioner | Hyderabad Industries Ltd. |
Respondent | Esi Corporation |
SCR | [2007] 10 S.C.R. 272 |
Judgement Date | 2007-09-24 |
Case Number | 702-709 |
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