ESI -2010

Issue of different contradictory facts about the number of employees employed by the owner of the sweet shop is to be decided by the trial court only. Prosecution proceeding under ESI not to be quashed.
Badal Kumar Ghosh vs. State of Jharkhand and Another. 2010 LLR 1057 (Jharkhand HC)

Death by Heart attack can’t be construed always as an accident during the course of employment.
Employees' State Insurance Corporation, Faridabad vs. M/s. Vinod Iron Foundary, Samalkha. 2009 (123) FLR 872 (Punjab & Haryana HC)

Employer is under no legal obligation to adhere to the advice of the ESI Inspector, being no such provision under the ESI Act.
M/s. Aryan Buff Manufacturing Co. and Another vs. Reg. Dir. E.S.I.C. and Others. 2010 LLR 271 (All. HC)

No ESI liablility can be imposed on immediate employer without providing him opportunity of hearing.
Subrata Trade Agencies vs. Employees' State Insurance Corporation and Ors. 2010 LLR 298 (Gauhati HC)

CA firm establishment is not a shop under ESI Act. being a profession and not a business or trade.
M/s. Singhvi Dev and Unni Chartered Accountants vs. The Regional Director, ESI Corporation and Ors. 2010 LLR 275 (Karn. HC)

ESI can’t claim damages for late payment when delay in contribution payment is attributed to ESIC.
Employees' State Insurance Corporation, Chandigarh vs. D.C.M. Engineering Products, Hoshiarpur. CLR I 2010 P. 242 (Punjab & Haryana HC)

Municipality having its own health scheme for employees does not fall within the ambit of the E.S.I. Act, 1948.
Kakinada Municipality vs. ESI Corporation, Hyderabad. LLJ I 2010 P. 407 (AP HC)

Using grinder and deep freezer in the restaurant with aid of power will amount to manufacturing process and will be cover under ESI Act.
Regional Director, ESI Corporation, Thrissur vs. P. Asokan. 2010 LLR 437 (Kerala HC)

ESI applicable on employees doing loading and unloading job even out side factory premises.
M/s. Jodhpur Woollen Mills Ltd. vs. Regional Director, ESI Corporation and Others. 2010 LLR 369 (Raj. HC)

Workman can claim compensation only through either under ESI or WC Act.
Regional Director, ESI vs. Bhopa Ram & Ors. 2010 LLR 411 (Raj. HC)

Without providing opportunity under Sec. 45A of the ESI Act, employer can’t be called upon to pay
Sunny Packers vs. Employees' State Insurance Corporation and Anr. 2010 LLR 464 (Del. HC)

ESI authorities demand of ESI contribution from security agency on the mere assumption of employing 912 employees contrary to records would be illegal. ESIC directed to examine the records afresh.
C.D. Securities Services Network Ltd. vs. Employees' State Insurance Corporation. 2010 LLR 499 (Del. HC)

The E.S.I. Court has no power to condone delay.
Upendra Jena vs. Regional Director of E.S.I. Corporation. FLR (124) 2010 P. 893 (Orissa HC)

Limitation for recovery of money will not be applicable when ESIC has to determine and recover money under section 45A of the ESI Act.
E.S.I. Corporation vs. Indust. and Eng. Projects (P) Ltd. 2010 LLR 636 (Del. HC)

Unsigned survey report of Labour Department can’t be a basis for ESI to cover the establishments.
Employees' State Insurance Corporation, New Delhi vs. Om Prakash and Ors. 2010-II LLJ 524 (Del. HC)

Establishment having registered office at Bombay with 13/16 employees and Shop at Madras can’t be clubbed for the purpose of covering the Bombay office under ESIC.
The Regional Director, Employees' State Insurance Corporation, Bombay vs. M/s. Kishinchand Chellaram.
2010 LLR 836 (Bom. HC)

Establishment engaged in preparing gold and silver ornaments with the aid of gas lighter with flame to melt or join gold will be covered under ESI Act.
Regional Director, Employees' State Insurance Corporation, Panaji, Goa vs. Kohinoor, Represented by its Proprietor, Panaji, Goa. 2010 LLR 863 (Bom. HC)

Section 53 of the ESI Act, providing an embargo that no claim for accident will be made by an insured person from other than ESI, will not be applicable when the claim is made by the dependents of the deceased under Motor Vehicles Act.
Smt. Shridevi and Others vs. Smt. S. Sarojini and Another. 2010 LLR 800 (Karn. HC)

ESI damages rightly waived when company is in huge losses.
Employees' State Insurance Corporation vs. Mr. Biju Radhakrishnan. 2010 LLR 846 (Kerala HC)

Architects firm will not be covered under ESI Act.
Pithavadian & Partners vs. Deputy Director, Regional Office (Tamil Nadu), Employees' State Insurance Corporation. 2010 LLR 809 (Madras HC)

When an appeal against the order of Employees' Insurance Court has been filed by the ESIC after nearly about three years, the same will be liable to be dismissed.
Employees' State Insurance Corporation vs. Rainbow Surgical Dressing. 2010 LLR 1023 (Guj. HC)

ESI demand for recovery of contributions rightly set aside when ESIC failed to establish that documents produced by the employer were not genuine.
Employees' State Insurance Corporation, Bangalore and Another vs. Swathi Packaging Private Ltd., Bangalore. 2010 LLR 999 (Karn. HC)

Delay in filing of appeal in the High Court against the order of the Employees' Insurance Court can be condoned by Limitation Act whereas delay in filing petition before the Employees' Insurance Court is not permitted since the Court is not empowered to condone the delay.
Upendra Jena vs. Regional Director, Employees' State Insurance Corporation, Janapath, Bhubaneswar and Another. 2010 (2) LLN 300 (Orissa HC)

ESI authorities have no power to re-open the matter once contribution amount for a particular year is determined.
M/s. National Polyplast (India) Ltd. vs. Deputy Director, Regional Office (Tamil Nadu), Employees' State Insurance Corporation. 2010 LLR 1106 (Madras HC)

Order passed by ESI authority under sec. 45-A will not be legal in the absence of necessary proof of participation of employer in proceedings.
Regional Director, Employees’ State Insurance Corporation, Patna and Anr. vs. Gopal Prasad@ Gopal Prasad Singh, s/o Late Sri Raghubansh Prasad Singh, Patna. 2010 III CLR 622 (Patna HC)

Appeal, not writ petition is the proper forum when an employer is aggrieved by the findings of ESI Authority.
Shivam Enterprises vs. Employees’ State Insurance Corporation & Anr. 2010 LLR 1174 (Raj. HC)

When five establishment run by sons and sixty are by father employing 52 employees from the same cabin having functional integrality rightly clubbed for coverage under E.S.I.
Gopi Chand and ors. vs. E.S.I.C. 2010 LLR 1277 (Delhi HC) 

'Shop' does not only mean a place where gods are sold on retail. In includes premises where employees are employed and services are rendered. Coverage under ESI of loading & unloading contractor with international Airport Authority under 'shop' in legal.
ESIC vs. Sea Hawk Cargo Carriers Pvt. Ltd. 2010 LLR 1280 (Delhi HC)

Mere situation of regional office of ESIC will not confer jurisdiction on Court. Here Cr. P.C. Provisions will apply for court jurisdiction.
Raj Kumar Gupta vs. State of Bihar. 2010 LLR 1286 (Patna HC) 

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