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Employees' State Insurance ... vs Gurdial Singh And Ors. on 6 September, 1990 cites

Suresh Tulsidas Kailachand And Ors. vs Collector Of Bombay And Ors. on 24 July, 1979

In the case of the Bombay High Court in Suresh Tulsidas Kalichand v. Collector of Bombay (1980) 2 Lab LJ 81, the Court found liability by relying upon Clause (ii) of the definition without first ascertaining whether the matter was covered by Clause (i). Now on our finding in the instant case that Clause (i) applied, we do not have to go to Clause (iii) where the liability is of the person who is responsible for the supervision and control of the establishment.
Bombay High Court Cites 20 - Cited by 26 - Full Document

B.M. Chatterjee vs The State Of West Bengal And Anr. on 28 March, 1969

The other decision on which reliance has been placed is in the case of B.M. Chatterjee v. State of West Bengal . That was a case where a learned single Judge proceeded on the footing that the Directors were owners of the company. We called upon the learned Counsel for the appellant to substantiate the proposition that Directors in the absence of anything more would have to be treated owners of the; company and he has candidly accepted the position that in the absence of facts and proof of actual position, Directors cannot be treated ipso factor as owners. Thus no support is available from the precedents. We are of the view that the High Court was right in its conclusion that the liability was of the company and in the event of their being an occupier, he was liable to meet the demand.
Calcutta High Court Cites 11 - Cited by 12 - Full Document
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