EMPLOYEES STATE INSURANCECORPORATION vs M/S. APEX ENGINEERING PVT. LTD.

The Supreme Court upheld the decision of the Bombay High Court, confirming that the Managing Director of the respondent-company does not qualify as an employee under Section 2(9) of the Employees’ State Insurance Corporation Act, 1948. The Court emphasized that the definition of 'employee' excludes those in managerial positions, thereby affirming the lower courts' rulings that the company did not meet the employee threshold for coverage under Section 2(12) of the Act. Consequently, the appeal by the Employees’ State Insurance Corporation was dismissed.