Case Law Details
Brief of the Case
The Supreme Court held In the case of Royal Western India Turf Club Ltd. vs. E.S.I. Corporation & Ors. that the definition of employee is very wide. A person who is employed for wages in the factory or establishment, on any work of, or incidental or preliminary to or connected with the work is covered. The definition brings various types of employees within its purview. The ESI Act is a welfare legislation and is required to be interpreted so as to ensure extension of benefits to the employees and not to deprive them of the same which are available under the Act. Further it is apparent from section 39 that an employee who is employed for a part of the wage period is also covered for the purposes of contribution. The definition of the term “employee” in section 2(9) is also wide enough to cover casual employees who are employed for part of wage period. Hence casual workers are entitled all benefits available under ESI Act.
Facts of the Case
The main question involved in the present appeals whether the ESI Act is applicable to Royal Western India Turf Club Ltd. has been concluded by a 3 Judge Bench decision of this Court vide judgment dated 31.7.2014. It has been held that the Turf Club would fall within the meaning of the word ‘shop’ as mentioned in the notification issued under the ESI Act. Therefore, the provisions of ESI Act would extend to the appellant also. Thereafter the matters have been placed before a Division Bench to consider other questions on merit. The question raised is as below-
– whether casual workers are covered under definition of employee as defined in Section 2(9) of the Employees State Insurance Act, 1948 and pertaining to period for which Turf Club is liable to pay from 1978-79 or from 1987.
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there are lakhs of temporary workers employed by various govt and autonomous bodies who are being deprived of basic medical facilities. They must be covered, even if requiring amendment in the Act.