ROYAL WESTERN INDIA TURF CLUB LTD. versus E.S.I. CORPORATION & ORS.

ROYAL WESTERN INDIA TURF CLUB LTD. versus E.S.I. CORPORATION & ORS.

Casual workers employed by Royal Western India Turf Club Ltd. are covered under the definition of 'employee' in Section 2(9) of the Employees' State Insurance Act, 1948. The Club is liable to make contributions for such workers with effect from 1978-79 onwards, pursuant to the notification dated 18.9.1978, along...

Source-derived case information.

Parties
Appellant: Royal Western India Turf Club Ltd.; Respondents: E.S.I. Corporation & Ors.
Jurisdiction
India
Judgment Date
29 February 2016
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 21.10.2005 of the High Court of Judicature at Bombay in First Appeal No. 619 of 2005
Outcome
Appeals preferred by ESI Corporation are allowed; appeals by Turf Club are dismissed with costs.
Legal Topics
Definition of Employee Under Employees' State Insurance Act, Coverage of Casual Workers Under ESI Act, Applicability of ESI Act to Establishments, Effect of Government Notification Under ESI Act
Labour Law Social Welfare Legislation Definition of Employee Under Employees' State Insurance Act Coverage of Casual Workers Under ESI Act Applicability of ESI Act to Establishments Effect of Government Notification Under ESI Act

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Parties

Royal Western India Turf Club Ltd.

Appellant

E.S.I. Corporation & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 21.10.2005 of the High Court of Judicature at Bombay in First Appeal No. 619 of 2005

Legal Issues

  1. 1 Whether 'casual workers' are covered under the definition of 'employee' in Section 2(9) of the Employees' State Insurance Act, 1948
  2. 2 From which period is the Royal Western India Turf Club liable to pay contributions under the Act

Ratio Decidendi

Casual workers employed by Royal Western India Turf Club Ltd. are covered under the definition of 'employee' in Section 2(9) of the Employees' State Insurance Act, 1948. The Club is liable to make contributions for such workers with effect from 1978-79 onwards, pursuant to the notification dated 18.9.1978, along with interest as provided under the Act and Rules. Consent terms or prior agreements cannot override statutory notifications.

Court Disposition

Appeals preferred by ESI Corporation are allowed; appeals by Turf Club are dismissed with costs.

Orders

  • Turf Club is liable to make ESI contributions for casual employees from 1978-79 onwards as per notification dated 18.9.1978.
  • Contributions are to be made along with interest as provided in the Act and Rules till date of actual payment.