| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Employees State Insurance Act 1948 Major Port Applicability of ESI Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Others |
| Headnote | Employees State Insurance Act, 1948- ss.1(5), 75(g) - Major Port - Appellant-Committee established on 1.3.1983 with a purpose to deploy listed workers for loading and unloading of the cargo in the Mangalore Port Premises - It continued till 15.3.1990 on which date the workers of the Managing Committee were absorbed by NMPT - Applicability of ES/ Act to the appellant-Committee - Question whether between 1983 and 15.3.1990 the rendering of services of loading and unloading by appellant-Management Committee to NMPT was an integral part of NMPT and whether the State Government is the "appropriate government" to issue the notification - High Court did not examine the said question in the light of evidence of Secretary and Deputy Secretary of the appellant-Committee - Matter remitted to High Court to examine same.HELD: 1. By notification dated 4.5.1974, New Mangalore Port was declared as a Major Port. NMPL Workers Managing Committee was formed in the year 1983 and it continued till 15.32.1990 on which date the workers of the Managing Committee were absorbed by | New Mangalore Port Trust (NMPT) and they became NMPT Registered Cargo Handling Wing. After the workmen of the Committee were so absorbed, the appellant-Managing Committee was no longer in existence and NMPT was said to be pursuing this matter. In terms of Government of India notification dated 20.7.2009, the provisions.of the ESI Act were made applicable to all port trusts including the NMPT, so that the casual and contract employees working in the NMPT have been brought under the said Act. The employees of the New Mangalore Port Trust inclusive of its Auto Garage, Workshop, Registered Cargo Handling Workers Wing were exempted from the applicability of the provisions of the ESI Act by Notification dated 3.9.2010 of the Government of India. [Para 8, 9, 10] [433-B-D-H] 2. The High Court did not examine the testimony of AW-1, Secretary of New Mangalore Port Listed Workers Committee and AW-2, Deputy Secretary of NMPT and their evidence that prior to 15.3.1990 the workers were under the administrative control of the NMPT. The questions viz.: (i) whether the workers of the Managing Committee were registered as Stevedores engaged in loading and unloading work of NMPT and whether they were under the administrative control of NMPT; (ii) whether the services rendered by. the workers of the Managing Committee was an integral part of NMPT and if that be so, whether the “appropriate government” is the Central Government and :(iii) whether the workers of the Managing Committee were extended medical facilities and other benefits on par.with other employees of the NMPT and other relevant questions remain unanswered. The High Court did not consider these questions in the light of the evidence of AWs 1 and 2. That apart, High Court did not have the benefit of considering the notification issued by the Government of India dated 20.7.2009, extending the provisions of the ESI Act to NMPT and the exemption granted by the Government of India by its notification dated 3.9.2010. [para-13] [434-E-H; 435-A-B] |
| Judge | Hon'ble Ms. Justice R. Banumathi |
| Neutral Citation | 2014 INSC 743 |
| Petitioner | New Mangalore Port Listed Workers Managing Committee Now Represented By New Managalore Port Trust |
| Respondent | The Regional Director, Esi Corporation, Bangalore, Karnataka |
| SCR | [2014] 11 S.C.R. 428 |
| Judgement Date | 2014-10-28 |
| Case Number | 9931 |
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