The Supreme Court on Friday, 17th May, 2024 had given its judgment on the case of THE EMPLOYEES STATE CORPORATION AND OTHERS VS NAGAR NIGAM. ALLAHBAD.
In the case, the appellant side who are from the employees state corporation had filed an instant appeal in the Supreme Court to challenge the judgment which was passed by the Learned Single Judge Bench of the High Court of Allahabad where the appeal which was filed by the respondent( Nagar nigam , Allahabad) was allowed by the court.
The learned Single Judge Bench of the High Court of Allahabad said in their vide impugned order that the employees of respondent-Nagar Nigam are not covered under the Employees’ State Insurance Act,1948 and as a result of which the notice date which was given 3rd February,2009 by the authorised officer of the appellant side was quashed and the court also ordered to refund all the amount to the Nagar nigam within three months which was already been released.
This judgment was the only reason that the appellant side had to file an instant appeal before the Apex court and they had also mentioned in their appeal that the respondent owns a workshop where activities of repairing and maintaining different types of vehicles are carried out. As per the appellant-Corporation, the workshop is often referred to as Factory also by the respondent sometimes.
The controversy arises when the respondent-Nagar Nigam failed to make timely payments for the statutory contributions in the order prescribed under the Employees’ State Insurance (General) Regulations, 1950, framed under the Act of 1948 and also the respondent has also failed to appear before the authorised officer of the appellant side.
The appellant had also directed the order to the authorised officer to recover the amount from the respondent anyhow under the Act of 1948 which is very much important but it was a big failure from and they were unable to recover the amount.
To seek justice and challenged the High court’s judgment the appellant side had approached the Supreme Court and After reading all the facts and hearing the arguments of both the sides the ,Supreme Court had quashed the decision of the High Court the appeal which was submitted from the appellant side was accepted by the court.
CASE NAME- EMPLOYEES STATE CORPORATION VERSUS NAGAR NIGAM ALLAHABAD (2009)
NAME – DAKSH SRIVASTAVA, G.D. GOENKA UNIVERSITY, COURSE- B.A.LLB, INTERN UNDER LEGAL VIDHIYA .
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