VidhiSangh

Supreme Court of India · 05/02/2019

EMPLOYEES’ STATE INSURANCE CORPORATION versus VENUS ALLOY PVT. LTD.

[2019] 3 S.C.R. 673 · 2019 INSC 143

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A company director receiving remuneration for assigned duties can fall within the ESI Act’s definition of employee, and that remuneration can constitute wages. The company did not controvert the Corporation’s factual findings or show why the remuneration was outside the statutory definition. Its challenge based on directors being categorically excluded was rejected and the contribution order sustained.

Issues

  1. Whether remunerated directors were employees for ESI contributions and whether the company had displaced the contribution demand.

Provisions considered

Held

Result

Appeal allowed; ESI Court and High Court orders set aside. Company’s application under Section 75 dismissed, sustaining the Corporation’s contribution order dated 6 April 2005.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 673.