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Workers employed by contractors are not entitled for section 2 (9) (i) of State Insurance Act

Raj Kumar Makkad ,
  18 May 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Workers employed by Contractors - Determination of their status - Whether such workers as employed by the contractors in performance of the contract awarded to them covered under Section 2(9)(i) of the Employees State Insurance Act, 1948?
Citation :
The Managing Director, Hassan Co-operative Milk Producer's Society Union Limited v. The Assistant Regional Director Employees State Insurance Corporation (Decided on 26.04.2010) MANU/SC/0293/2010

Held, Section 2(9)(i) covers the workers who are directly employed by the principal employer. Expression "on the premises of the factory or establishment" comprehends presence of the persons on the premises of the factory or establishment for execution of the principal activity of the industrial establishment and not casual or occasional presence. In the present case, for the purposes of loading and unloading the milk cans, the truck driver and loaders appointed by contractors enter the premises of the Appellants but mere entry for such purpose cannot be treated as an employment of those persons on the premises of the factory or establishment as the said expression does not comprehend every person who enters the factory for whatever purpose. Appeal allowed.

 

 
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Published in Labour & Service Law
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