C.E.S.C. Ltd. Etc vs Subhash Chandra Bose And Ors on 15 November, 1991
13. The decision of Supreme Court in C.E.S.C Ltd. and Ors. v. Subhash Chandra Bose and Ors. (supra) is squarely applicable in the present case, because in the present case also no supervision is being carried out by in a appellant company as it is clear from the evidence of Jagdish Prasad. Sharma which is unconnected on this point and Corporation has not given any evidence in rebuttal and therefore I am of the view that in the peculiar facts and circumstances of the present case, the employees of the contractors would not come under the ambit and sweep of 'employee' as envisaged under Section 2(9) of the Act and the appellant company is not required to give its ESI contribution for them.