HYDERABAD INDUSTRIES LTD. versus ESI CORPORATION

HYDERABAD INDUSTRIES LTD. versus ESI CORPORATION

Matter must be remitted to the High Court for analysis of the factual position and applicability of the Employees State Insurance Act provisions to the concerned categories.

Parties
Appellant: Hyderabad Industries Ltd.; Respondent: ESI Corporation
Jurisdiction
India
Judgment Date
24 September 2007
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 12.11.1998 of Andhra Pradesh High Court in A.a. Order Nos. 690 696 & 722 of 1994
Outcome
Appeals disposed of; matter remitted to High Court for determination on facts; no order as to costs.
Legal Topics
Employees State Insurance, Definition of Employee, Principal and Immediate Employer, Contract Labour, Coverage Under ESI Act
Labour and Employment Law Social Welfare Employees State Insurance Definition of Employee Principal and Immediate Employer Contract Labour Coverage Under ESI Act

Case Brief

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Parties

Hyderabad Industries Ltd.

Appellant

ESI Corporation

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 12.11.1998 of Andhra Pradesh High Court in A.a. Order Nos. 690 696 & 722 of 1994

Legal Issues

  1. 1 Whether persons engaged by contractors for loading and unloading at railway sidings are employees of contractor or principal employer
  2. 2 Qualification as insured persons under Section 2(14) of the Act
  3. 3 Supervision by appellant or its agent over work at railway sidings

Ratio Decidendi

Matter must be remitted to the High Court for analysis of the factual position and applicability of the Employees State Insurance Act provisions to the concerned categories.

Court Disposition

Appeals disposed of; matter remitted to High Court for determination on facts; no order as to costs.

Orders

  • Matter remitted to the High Court for factual analysis to determine applicability of the Act
  • No order as to costs