NDLI: E.s.i. Corporation, Rep. By The Regional Director Vs. M/s. Endocrinology and Immunology Lab

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Employees’ State Insurance Act 1948 – s.1(5)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Factories Act, 1948 (63 of 1948) Employees` State Insurance Act, 1948 (34 of 1948)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Issue for consideration : Date from which the respondentestablishment, a pathological laboratory will be covered under theEmployees’ State Insurance Act, 1948.Employees’ State Insurance Act, 1948 – s.1(5) – Notifi cationdated 06.09.2007 issued in terms of the power conferred u/s.1(5) –HighCourt held that the provisions of the 1948 Act will be applicable to therespondent w.e.f. 06.09.2007 and not from 22.11.2002 – Legality:Held : Respondent would be covered under the Act in terms of theNotifi cation dtd.06.09.2007 issued by the Government of Kerala coveringmedical institutions including pathological laboratories from that date,where 20 or more persons were employed – The Notifi cation was issuedin terms of the power conferred u/s.1(5) of the Act in consultation withthe Corporation and with the approval of the Central Government – If thepathological laboratories were already covered under the Act, as urged bythe appellant-Corporation, there was no occasion to issue such a notifi cation– Order passed by the High Court is in terms of the aforesaid notifi cationdirecting coverage of the respondent establishment from that date onwards,as undisputedly, 20 or more persons were found to be employed in theestablishment – Appellant argued that the respondent would fall withinthe term “shop” and the same is covered in terms of the notifi cation dtd.27.05.1976 –The argument that the respondent should be deemed to becovered in terms of the said notifi cation r/w the Circular dtd. 22.11.2002,rejected – Appeal dismissed.[Paras 10, 12-16] Employees’ State Insurance Act, 1948 – ss.1(4), 2(12), 14(AA) –Respondent establishment, a pathological laboratory if covered u/s.1(4)providing that the Act shall apply to all factories (including factoriesbelonging to the Government) other than seasonal factories:Held : No – The term “factory” has been defined u/s.2(12) –“manufacturing process” has been defi ned in s.14 (AA) to give it a meaningas assigned to it u/s.2(k), Factories Act, 1948 – Respondent establishmentwill not be covered u/s.1(4) as it will not fall within the defi nition of a“factory”, since no manufacturing process is carried on therein. [Paras7(iii), (iv) and 8]
Judge	Hon'ble Mr. Justice Rajesh Bindal
Neutral Citation	2023 INSC 665
Petitioner	E.s.i. Corporation, Rep. By The Regional Director
Respondent	M/s. Endocrinology And Immunology Lab
SCR	[2023] 11 S.C.R. 159
Judgement Date	2023-08-02
Case Number	3368

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