Employees State Insurance Act, 1948 – Section 75 – Employees State Insurance – Applicability of Law – More than 10 workers engaged and Power used – Held: Appellant is in the business of selling electrical goods in a shop. Admittedly, the shop premise is used not only for selling goods, but also to service electrical goods.
That being the position, it is clear that the appellant firm falls under the definition of a “Factory” and is using a “manufacturing process”, as contemplated under both the Statues. ESI Act applicable. The appellant-firm is an establishment that has been using electrical energy for the sale and repair of electrical goods at its premises by using “power” as has been defined under Section 2(15)(C) of the ESI Act, which again takes us back to the Factories Act, 1948, where the definition of “power” has been spelt out in Section 2(g) and the meaning ascribed to the said word is ‘electrical energy, or any other form of energy which is mechanically transmitted and is not generated by human or animal agency’. ESI Act held to be applicable on appellant firm. (Para 9, 10)
SUPREME COURT OF INDIA
2023 STPL(Web) 169 SC
M/S J.P. Lights India Vs. Regional Director E.S.I. Corporation, Bangalore
Civil Appeal No. 2527 of 2012-Decided on 27-7-2023
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