Supreme Court · 2023 INSC 60 · Decided 20 January 2023

The Esi Corporation v. M/S. Radhika Theatre

Court
Supreme Court of India
Citation
2023 INSC 60 · [2023] 1 S.C.R. 1045
Case number
CIVIL APPEAL No. 312/2023
Decided
20 January 2023
Bench
M.R. SHAH, C.T. RAVIKUMAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Employees State Insurance Act, 1948 - s.1(6) (inserted w.e.f. 20.10.89) - Whether w.r.t the demand notices post 20.10.89, a factory or an establishment established prior to 20.10.89 shall be governed by the ESI Act notwithstanding the number of persons employed therein - Held: establishments/factories engaging more than 20 employees were governed by the ESI Act - However, after sub-section (6) of s.1 was inserted on 20.10.89, under the amended provision a factory or establishment to which ESI Act applies would be governed by the ESI Act notwithstanding that

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