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november 2000

Supreme Court of India · 2000-11-14

KIRLOSKAR CONSULTANTS vs EMPLOYEES' STAE INSU. COPRN.

Citation / case number
SC 1995/2586
Court
Supreme Court of India
Petitioner
KIRLOSKAR CONSULTANTS
Respondent
EMPLOYEES' STAE INSU. COPRN.
Author
S.RAJENDRA BABU S.N.VARIAVA
Bench
S.RAJENDRA BABU S.N.VARIAVA

Judgment text excerpt

The Supreme Court addressed the applicability of the Employees State Insurance Act, 1948 to the appellant's consultancy services, determining that the term 'shop' does not encompass premises where intellectual advice is provided. The Court held that the ESI Court's conclusion, which relied on the precedent set in Dattatraya Advertising Co. Ltd. vs. E.S.I.Corpn., was correct, and that the expanded definition of 'shop' to include consultancy services was inappropriate. Consequently, the appeal was dismissed, affirming that the appellant's establishment is not covered under the Act.

KIRLOSKAR CONSULTANTS vs EMPLOYEES' STAE INSU. COPRN. · Niyam