NDLI: Employees’ State Insurance Corporation Vs. Venus Alloy Pvt. Ltd.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss.2(9) 75 and 82 definition of “employee” Employees’ State Insurance Act 1948 Directors
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 – ss.2(9), 75 and 82 –Respondent-Company, covered under the ESI Act had been depositing the amount of contribution with reference to the wages paid to some of its employees, however, did not make the contribution in respect of the remuneration paid to the Directors – By order dated 06.04.2005, the Deputy Director of the appellant-Corporation called upon the respondent to make payment of contribution in relation to the remuneration paid to the Directors – Challenged by the respondent u/s.75 – ESI Court declared the said order as void – In appeal by the appellant, the High Court concluded that the Directors of the respondent establishment do not come within the purview of the “employees”, as defined u/sub-sec. (9) of s.2 of the ESI Act and dismissed the appeal – Held: Appellant in order dated 06.04.2005 asserted that the Directors of the Company were paid remuneration@ Rs. 3,000/- p.m. and they were falling within the definition of“employee” under the ESI Act and hence, contribution was payable in regard to the amount paid to them – However, while challenging the said order, the respondent chose not to lead any evidence before the Court – Hence, there was nothing on record to displace the facts asserted on behalf of the appellant in its order dated 06.04.2005, rather the factual assertions in the said order remained uncontroverted – High Court in the present case has been in error in assuming that the Director of a Company, who had been receiving remuneration for discharge of duties assigned to him, may not fall within the definition of an employee for the purpose of the ESI Act– No reason to interfere with the order dated 06.04.2005 issued by the appellant – Impugned order set-aside and the application filed by the respondent-Company u/s.75 of the ESI Act is dismissed.
Judge	Hon'ble Mr. Justice Dinesh Maheshwari
Neutral Citation	2019 INSC 143
Petitioner	Employees’ State Insurance Corporation
Respondent	Venus Alloy Pvt. Ltd.
SCR	[2019] 3 S.C.R. 673
Judgement Date	2019-02-05
Case Number	1464

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