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july 2009

Supreme Court of India · 2009-07-29

M/S. Qazi Noorul H.H.H. Petrol Pump &Anr vs Dy. Director, E.S.I. Corporation

Citation / case number
AIR 2009 SC (SUPP) 1729
Court
Supreme Court of India
Petitioner
M/S. Qazi Noorul H.H.H. Petrol Pump &Anr
Respondent
Dy. Director, E.S.I. Corporation
Bench
H.L. Dattu, Markandey Katju

Judgment text excerpt

The Allahabad High Court dismissed the writ petition challenging the order of the Employees State Insurance Corporation under the Employees' State Insurance Act, 1948. The court held that the appellant, operating a petrol pump, is covered under the Act as the process of pumping oil qualifies as a 'manufacturing process' as defined in Section 2(k) of the Factories Act, 1948. The court emphasized that the literal interpretation of the statute is paramount, and thus the appellant is liable for contributions from August 1993 to May 2000 as per Sections 45-C and 45-G of the Act.

M/S. Qazi Noorul H.H.H. Petrol Pump &Anr vs Dy. Director, E.S.I. Corporation · Niyam