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Documents citing Hindu Jea Band, Jaipur vs Regional Director, Employees' ... on 20 February, 1987

Royal Western India Turf Club Ltd. vs Employees State Insurance ... on 21 October, 2005

It is true as contended by the learned Counsel on behalf of the Corporation that once a court of law declared the applicability of a statute the said declaration in the ordinary course should apply from the date the law in question was brought into force, but there could be exception to this principle depending upon the facts of the case. It is undisputed that till the judgment of this Court in the case of Hindu Jea Band, Jaipur v. Regional Director, Employees' State Insurance Corporation, Jaipur (AIR 1987 SC 1166) the law in regard to the institutions like a Club coming within the purview of the definition of establishment for the purpose of the Act was nebulous. It was so understood even by the Corporation itself which is evident from the fact that the action against the appellant for non-compliance of its liability was not taken for nearly 15 yeas until the visit of the Inspector of the Corporation on 17.6.1990. In that background even the Corporation was not very certain whether the word establishment used in the concerned notification of 26.3.1975 included a Club. Therefore, in our opinion, the High Court was justified in coming to the conclusion to call upon the Club to make contribution for a period between 1975 to 1986 would be somewhat reasonable. Thus in the peculiar facts of this case, we are in agreement with the finding of the High Court that the demand under the Act as against this Club can be enforced only from the year 1987 onwards."
Bombay High Court Cites 11 - Cited by 1 - D G Deshpande - Full Document

Holy Family English Medium L.P. School vs Employees' State Insurance ...

In M/s. Hindu Jea Band, Jaipur vs. Regional Director, E.S.I.Corporation (AIR 1987 SC 1166), while considering the scope of the notification issued under Section 1(5) of the Act and the challenge raised, it was observed that there cannot be any narrow construction on the expression 'shop' which INSURANCE APPEAL 31 of 2012 AND CONNECTED CASES. 78 appears in the notification issued under Section 1(5) of the Act, which is a beneficial legislation and the word 'shop', though not defined under the Act, was, no doubt, an establishment (other than a factory) to which the Act can be extended under Section 1(5) of the Act, provided other requirements are satisfied.
Kerala High Court Cites 83 - Cited by 0 - A Narendran - Full Document

Employees' State Insurance ... vs T. Shankar Singh T. Byali on 12 December, 1997

He maintained the register of attendance, but the same has not been produced. From this evidence, it comes out, firstly, that he is doing the business of retail sale of service on payment of money. In my opinion, the Insurance Court was not justified in taking the view that this cannot be taken to be a shop. The business of the appellant can be said to be a shop in view of the Supreme Court decision referred to above in Hindu Jea Band v. Employees' State Insurance Corporation, (supra).
Karnataka High Court Cites 22 - Cited by 0 - Full Document

Regional Director, Employees' State ... vs Reliance Corporation on 22 February, 2005

The Supreme Court considered its four judgments in (1) Hindu Jea Band v. Regional Director, ESI Corporation case , (2) Regional Provident Fund Commissioner v. Shibu Metal Works , International Ore and Fertilizers (India) Pvt. Ltd. v. Employees' State Insurance Corporation and (4) Cochin Shipping: Co. v. E.S.I. Corporation . In para 16 the Supreme Court observed as 1994-I-LLJ-636 at p. 641:
Bombay High Court Cites 10 - Cited by 0 - D G Deshpande - Full Document

Reunion Engineering Co. Private Ltd. vs Regional Director on 1 April, 1992

We feel that the understanding of the underlined observations made by the Division Bench of the Supreme Court in M/s Hindu Jea Band's case (supra), by the Bombay High Court and the Kerala High Court was what was unintended by the Division Bench of the Supreme Court rendering that Decision, becomes clear from the Decision of the Supreme Court, which had been rendered by the very same Division Bench in M/s International Ore and Fertilisers (India) Pvt. Ltd. v. Employees' State Insurance Corporation (supra) on the heels of the Decision in M/s Hindu Jea Band's case (supra).
Karnataka High Court Cites 14 - Cited by 2 - Full Document

Employees' State Insurance ... vs Karnataka State Seeds Corporation Ltd. on 22 June, 2001

16. A Division Bench of our High Court in the case of Reunion Engineering Co. Private Ltd. v. Regional Director (supra), following the decision of the Apex Court in Hindu Jea Band's case (supra), and International Ore Fertilisers (India) Pvt. Ltd.'s case (supra) held that the meaning of the word "shop" should be as extensive as possible and it should neither be confined nor given a restricted meaning and while so holding, held that any organisation carrying on certain engineering contracts, also is a "shop" for the purposes of the Act and the notification.
Karnataka High Court Cites 12 - Cited by 1 - D V Kumar - Full Document
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