C.E.S.C. LTD. ETC. versus SUBHASH CHANDRA BOSE AND ORS.

C.E.S.C. LTD. ETC. versus SUBHASH CHANDRA BOSE AND ORS.

On interpretation of Section 2(9), checking of work after completion is not 'supervision' for purposes of Act; supervision means ongoing vigilance during work. Employees of electrical contractors do not fall within definition of 'employee' under Section 2(9), as no agency or direct supervision by the principal employer is established.

Parties
Appellant: C.E.S.C. LTD. ETC.; Respondents: SUBHASH CHANDRA BOSE AND ORS.
Jurisdiction
India
Judgment Date
15 November 1991
Procedural Posture
Appeals by Special Leave / Final Judgment
Outcome
appeals dismissed
Legal Topics
Definition of 'employee' Under Employees' State Insurance Act, Scope of 'supervision' by Principal Employer, Contractor and Agent Relationship, Right to Health and Social Justice
Labour and Industrial Law Social Welfare Constitutional Law Definition of 'employee' Under Employees' State Insurance Act Scope of 'supervision' by Principal Employer Contractor and Agent Relationship Right to Health and Social Justice

Case Brief

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Parties

C.E.S.C. LTD. ETC.

Appellant

SUBHASH CHANDRA BOSE AND ORS.

Respondents

Procedural Posture

Appeals by Special Leave / Final Judgment

Legal Issues

  1. 1 Whether employees of contractors under works contract are covered under the definition of 'employee' in Section 2(9) of Employees' State Insurance Act, 1948
  2. 2 Whether the right of the principal employer to reject or accept work done by contractor through his employees constitutes 'supervision' as envisaged under Section 2(9)
  3. 3 Whether contractors are agents of the principal employer for purposes of the Act

Ratio Decidendi

On interpretation of Section 2(9), checking of work after completion is not 'supervision' for purposes of Act; supervision means ongoing vigilance during work. Employees of electrical contractors do not fall within definition of 'employee' under Section 2(9), as no agency or direct supervision by the principal employer is established.

Court Disposition

appeals dismissed

Orders

  • Appeals dismissed; parties directed to bear their own costs.
  • Order of learned single Judge dated December 11, 1986, confirmed.