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Supreme Court of India 2017-07-25 allowed

Employees State Insurance Corporation vs Hindustan Milkfood Manufacturers Ltd. and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court reversed the High Court's decision which had overturned an Employees Insurance Court's finding that nine workers were employees of a dairy manufacturer under the Employees State Insurance Act. Although the workers were engaged through a contractor and paid on a piece-rate basis, they had worked continuously for over a decade under the employer's direct supervision, with the employer making regular payments for work done. The Court held that long-term engagement and regular payment, regardless of payment mode, establish employment status under the ESI Act. The High Court had reversed the lower court's detailed findings without properly examining evidence, which amounted to perverse reasoning.

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Labour Law Employees State Insurance Definition of Employment Appellate Jurisdiction Wage Payment

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