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    Important Cases Under ESI Act, 1948:-: Regional Director ESIC V Francis de Costa (1996) 6 SCC 1

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    Vicky D
    The document summarizes important cases related to the Employees' State Insurance Act (ESI Act), 1948 in India. Key points include: 1) The ESI Act is a welfare legislation and should be interpreted liberally to include even casual daily wage workers. 2) Notifications extending the scope of the ESI Act to establishments automatically apply to all branches of that establishment across states. 3) Benefits under the ESI Act can be claimed for accidents occurring within or outside of India as long as there is a nexus to employment. 4) Employers are still liable to pay past contributions even if employees did not avail insurance benefits. Determining liability between contractors and principal employers requires opportunity

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    Important Cases Under ESI Act, 1948:-: Regional Director ESIC V Francis de Costa (1996) 6 SCC 1

    Uploaded by

    Vicky D
    172 views2 pages
    The document summarizes important cases related to the Employees' State Insurance Act (ESI Act), 1948 in India. Key points include: 1) The ESI Act is a welfare legislation and should be interpreted liberally to include even casual daily wage workers. 2) Notifications extending the scope of the ESI Act to establishments automatically apply to all branches of that establishment across states. 3) Benefits under the ESI Act can be claimed for accidents occurring within or outside of India as long as there is a nexus to employment. 4) Employers are still liable to pay past contributions even if employees did not avail insurance benefits. Determining liability between contractors and principal employers requires opportunity

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    ESI cases

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    The document summarizes important cases related to the Employees' State Insurance Act (ESI Act), 1948 in India. Key points include: 1) The ESI Act is a welfare legislation and should be interpreted liberally to include even casual daily wage workers. 2) Notifications extending the scope of the ESI Act to establishments automatically apply to all branches of that establishment across states. 3) Benefits under the ESI Act can be claimed for accidents occurring within or outside of India as long as there is a nexus to employment. 4) Employers are still liable to pay past contributions even if employees did not avail insurance benefits. Determining liability between contractors and principal employers requires opportunity

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    172 views2 pages

    Important Cases Under ESI Act, 1948:-: Regional Director ESIC V Francis de Costa (1996) 6 SCC 1

    Uploaded by

    Vicky D
    The document summarizes important cases related to the Employees' State Insurance Act (ESI Act), 1948 in India. Key points include: 1) The ESI Act is a welfare legislation and should be interpreted liberally to include even casual daily wage workers. 2) Notifications extending the scope of the ESI Act to establishments automatically apply to all branches of that establishment across states. 3) Benefits under the ESI Act can be claimed for accidents occurring within or outside of India as long as there is a nexus to employment. 4) Employers are still liable to pay past contributions even if employees did not avail insurance benefits. Determining liability between contractors and principal employers requires opportunity

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    Important cases under ESI Act, 1948:-

    M/s Cochin Shipping Co. v ESI Corporation AIR 1993 SC 252


    The Employees State Insurance Act, 1948 is a welfare Legislation. Therefore, a liberal
    interpretation has to be put on the notification extending its scope.

    Regional Director ESIC Bangalore v Swarna Saw Mills 1979


    The ESI Act does not make any difference between a causal or temporary or permanent
    employee. It is wide enough to include even a causal employee employed for a day for
    wages. Therefore, every person employed for wages on any work connected with the work of
    a factory or establishment to which the Act applies, fall within the definition of ‘employee’.

     Part-time Workers and Daily wagers are also included. But apprentice is not covered.

    Transport Corporation of India v ESIC AIR 2000 SC 238


    The ESI Act is aimed at conferring benefits on employees in cases of sickness, maternity and
    employment injury. It requires tat all employees in factories or establishments shall be
    insured. The initial and vital endeavour should be to identify the beneficiaries of the
    employees for insurance.

    Once a notification is issued by a State Government for application of the ESI Act covering a
    particular establishment of the State, automatically the said notification would cover all the
    branches of such an establishment situated even outside such state, having complete
    functional integrity with the main activity of the establishment.

    Regional Director ESIC v Francis de Costa (1996) 6 SCC 1


    There is not even a geographical limitation. The accident may occur within or outside the
    territorial limits of India. However, the words ‘in the course of employment’ and ‘arising out
    of employment’ imply a nexus or causal relationship between the accident and the
    employment.

    ESIC v Hotel Kalpaka International (1993) 2 SCC 9


    Even if the employees had not availed the benefit of insurance, contributions for the past
    period are recoverable.

    BHEL v ESI Corporation 2008 LLR 562


    While determining contributions, an opportunity of hearing is to be given to both principal
    employer and the immediate employer. Determination of exact liability of contractor is
    necessary when the contract came to end. No doubt the principal employer is ultimately
    responsible for the payment of ESI contributions for the employees engaged through
    contractor when he defaults to make payment of ESI contribution but at the same time it is
    imperative on the part of ESI authorities to give opportunity for hearing to the principal
    employer also before determining the liability of the contractor.

    Regional Director ESIC v Narayan Chandra Raj Khowa (1997) 11 SCC 234
    ESI court has jurisdiction to decide whether benefits availed of by employees prior to ESI
    scheme were more advantageous than those under ESI scheme.

    ESIC v C. Saseendram (2001) 9 SCC 349


    An order of Employees Insurance Court is enforceable as if it were a decree passed in a suit
    by a Civil Court.

    Western India Plywood Ltd. v P. Ashokan AIR 1997 SC 3883


    The Act disentitles employees to recover compensation not only under the Employees
    Compensation Act rather under any law (including Torts). But, the ESI Act does not bar the
    claims for compensation against a third party.

    ESI Corpn. v H.M.T. Ltd. (2008) 3 SCC 35


    The existence of mens rea or actus reus to contravene a statutory provision must also be held
    to be necessary ingredient for levy of damages and quantum thereof.

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