INTERNATIONAL ORE & FERTILIZERS (INDIA) PVT. LTD. versus EMPLOYEES STATE INSURANCE CORPORATION

INTERNATIONAL ORE & FERTILIZERS (INDIA) PVT. LTD. versus EMPLOYEES STATE INSURANCE CORPORATION

The premises where business is carried on by the petitioner constitute a 'shop' as the activities there relate to the sale of goods which are imported into India; actual delivery of goods at the premises is not necessary; welfare legislation should be liberally construed to fulfill its purpose; thus, the petitioner is bound to comply with the Employees' State Insurance Act as more than 20 persons were employed for wages.

Parties
Petitioner: International Ore & Fertilizers (India) Pvt. Ltd.; Respondent: Employees' State Insurance Corporation
Jurisdiction
India
Judgment Date
18 August 1987
Procedural Posture
Special Leave Petition (civil) / Supreme Court Review Under Article 136, Decision on SLP
Outcome
Petition dismissed
Legal Topics
Employees' State Insurance, Definition of 'shop', Interpretation of Welfare Legislation
Labour Law Social Welfare Law Employees' State Insurance Definition of 'shop' Interpretation of Welfare Legislation

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Parties

International Ore & Fertilizers (India) Pvt. Ltd.

Petitioner

Employees' State Insurance Corporation

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Review Under Article 136, Decision on SLP

Legal Issues

  1. 1 Whether the petitioner's establishment is a 'shop' within the meaning of Employees' State Insurance Act and applicable Andhra Pradesh State Government notification
  2. 2 Whether delivery of goods at business premises is necessary for an establishment to qualify as 'shop'
  3. 3 Whether the petitioner is liable to comply with the provisions of the Employees' State Insurance Act

Ratio Decidendi

The premises where business is carried on by the petitioner constitute a 'shop' as the activities there relate to the sale of goods which are imported into India; actual delivery of goods at the premises is not necessary; welfare legislation should be liberally construed to fulfill its purpose; thus, the petitioner is bound to comply with the Employees' State Insurance Act as more than 20 persons were employed for wages.

Court Disposition

Petition dismissed

Orders

  • Petitioner bound to comply with the Act
  • No interference with judgment of the High Court