The Employees State Insurance ... vs Nagar Nigam Allahabad

insc-2024-441 Supreme Court of India 17 May 2024 • 13 min read

Judges (2)

Parties (2)

Case Significance

The Employees State Insurance ... vs Nagar Nigam Allahabad is a Supreme Court of India decision dated May 17, 2024 (citation: insc-2024-441). ESIC challenged the Allahabad High Court's order holding that employees of Nagar Nigam (Municipal Corporation) Allahabad are not covered under the ESI Act, 1948, and quashing a recovery notice for unpaid contributions. The Supreme Court held that the High Court should not have entertained the writ petition on disputed questions of fact regarding whether the municipal workshop constituted a 'factory', and relegated the matter to the Insurance Court under Section 75(1)(g). The appeal was allowe The bench comprised Justices J.B. Pardiwala and Sandeep Mehta. The judgment was delivered by Justice Sandeep Mehta.

Summary

ESIC challenged the Allahabad High Court's order holding that employees of Nagar Nigam (Municipal Corporation) Allahabad are not covered under the ESI Act, 1948, and quashing a recovery notice for unpaid contributions. The Supreme Court held that the High Court should not have entertained the writ petition on disputed questions of fact regarding whether the municipal workshop constituted a 'factory', and relegated the matter to the Insurance Court under Section 75(1)(g). The appeal was allowed and the impugned order was quashed.

What was the outcome of The Employees State Insurance ... vs Nagar Nigam Allahabad?

ESIC challenged the Allahabad High Court's order holding that employees of Nagar Nigam (Municipal Corporation) Allahabad are not covered under the ESI Act, 1948, and quashing a recovery notice for unp...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-441)