COCHIN SHIPPING CO. ETC. ETC. versus E.S.I. CORPORATION

COCHIN SHIPPING CO. ETC. ETC. versus E.S.I. CORPORATION

An establishment engaged in clearing and forwarding operations at a port, rendering services to customers, is a 'shop' within the meaning of the Employees' State Insurance Act notification. Social security legislation should be interpreted broadly to achieve its welfare purpose, covering such establishments.

Parties
Appellant: Cochin Shipping Co.; Respondent: E.S.I. Corporation; Appellant: V.A. Bobde; Appellant: O.C. Mathur; Appellant: Ms. Meera; Appellant: D.N. Mishra; Respondent: V.C. Mahajan; Respondent: Hemant Sharma; Respondent: Mrs. Anil Katiyar
Jurisdiction
India
Judgment Date
19 August 1992
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeals dismissed
Legal Topics
Employees’ State Insurance, Notification Applicability, Interpretation of 'shop', Coverage of Establishments Under ESI Act
Labour and Employment Law Social Welfare Legislation Employees’ State Insurance Notification Applicability Interpretation of 'shop' Coverage of Establishments Under ESI Act

Case Brief

Summary, issues, holding and outcome

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Parties

Cochin Shipping Co.

Appellant

E.S.I. Corporation

Respondent

V.A. Bobde

Appellant

O.C. Mathur

Appellant

Ms. Meera

Appellant

D.N. Mishra

Appellant

V.C. Mahajan

Respondent

Hemant Sharma

Respondent

Mrs. Anil Katiyar

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the appellant's establishment is a 'shop' within the meaning of the notification under Section 1(5) of the Employees' State Insurance Act, 1948
  2. 2 Whether the Employees’ State Insurance Act applies to establishments engaged in clearing and forwarding operations at a port

Ratio Decidendi

An establishment engaged in clearing and forwarding operations at a port, rendering services to customers, is a 'shop' within the meaning of the Employees' State Insurance Act notification. Social security legislation should be interpreted broadly to achieve its welfare purpose, covering such establishments.

Court Disposition

Appeals dismissed

Orders

  • No order as to costs