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Showing contexts for: contract workers in Gujarat Narmada Velley Fertilizers Co. ... vs C V Joseph, Jt. Director, Sub-Regional ... on 24 January, 2024Matching Fragments
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) ORDER IN SPECIAL CIVIL APPLICATION NO. 7824 OF 2008
1. This is a wholly misconceived petition filed by the Gujarat Narmada Valley Fertilizers Company Limited (in short as "GNVFCL"), seeking to challenge the notice dated 23.01.2008 issued by the Employees' State Insurance Corporation (in short as "ESI Corporation"), asking the petitioner company to comply with the provisions of the Employees' State Insurance Act, 1948 ("ESI Act" in short), with respect to the contract workers engaged by the NEUTRAL CITATION C/SCA/7824/2008 ORDER DATED: 24/01/2024 undefined petitioner through the labour contractors.
4. The notice further states that office of the ESI Corporation has received number of complaints regarding non-extending of ESI benefits to the contract labourers engaged by the Company and that the contract labourers are entitled for benefits like ESI. It was further directed that as Principal Employer, the petitioner company is duty bound to ensure that:-
"a.All your contractors' labours are registered under ESI Scheme.
b. All such contract workers are issued with ESI identity cards."
15. Having gone through the above noted statutory provisions when we read the impugned notice dated 23.01.2008, we find that the directions contained therein are to ensure the requirement of Section 40 of the ESI Act, which cast a duty on the Principal Employer to ensure that all the contract NEUTRAL CITATION C/SCA/7824/2008 ORDER DATED: 24/01/2024 undefined labourers engaged by the petitioner company are registered under the ESI Scheme and they are independently covered under the ESI Act. In case the contractors are not independently covered, the deductions towards contribution under the ESI Act shall be made from the bill amount of such contractors, who shall remit the same to the ESI Corporation fund. The petitioner company was required to ensure that all such contract workers, who are engaged by it through the labour contractors are issued ESI Identity Card. The instruction therein is that all the contractors engaged by the petitioner company shall submit a declaration form in respect of all contract labourers deployed in the factory run by the petitioner company so as to ensure the compliance of ESI Act.
30. With the above observations and directions, the writ petition stands disposed of.
ORDER IN SPECIAL CIVIL APPLICATION NO. 5329 OF
31. The instant petition has been filed by one person claiming to be an active member of GIDC Employees Union, Ankleshwar, Bharuch, who claims to be an employee employed through a contractor of the company, namely, Gujarat Narmada Valley Fertilizers Company Limited. The challenge in the instant writ petition is to the Notification dated 28.11.2003 being violative of Articles 14 and 21 of the Constitution of India on the premise that the said Notification deprives the contract workers of the right to get the benefits of the ESI Act. Prayer is to quash the Notification and direct the ESI Corporation to implement and operate the notice dated 23.01.2008 by invoking the provisions of the ESI Act qua the contract workers.