Supreme Court of India

C.E.S.C. Ltd. Etc. v. Subhash Chandra Bose and Ors.

Neutral citation

Reported as [1991] SUPP. 2 S.C.R. 267

Bench Ranganath Misra, Madan Mohan B Punchhi and K. Ramaswamy JJ.

Decided 15 November 1991

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that on the terms of the contract read with or without the terms of the licence, no such agency, factually or legally, stood created on behalf of the C.E.S.C. D in favour of the electrical contractors, and none could be, as •hat would violate the statutory scheme of distinction well marked under Section 2(a) of the Act.

Judgment, page 23

From the headnote

Employees' State Insurance Act, 1948-Section 2 (9)- "Employee" -Definition--Employees of contractor JJnder works contract-Whether covered under-Right of principal employer to reject or accept work done by contractor through his employees whether includes "supervision". Employees' State .Insurance Act, 1948-0bject and purpose of Interpretation of Statutes-Constitution of India, 1950 (Preamble, Chapter JV) and Employees' State Insurance Act, 1948 [Section 2(9)]-Con strnction of-Strict interpretation when leads to unjust situation, duty of Judges, indicated. Constitution of India, 1950-Artic/es

Authorities it was built on

1960 M. Pentiah and Others v. Muddala Veeramallappa and Others cited by 35
1984 The Special Land Acquisition Officer, Davangere v. P. Veerabhadarappa Etc. Etc. cited by 10

Where later benches applied it

2012 Court on its Own Motion v. Union of India & Ors. relied on
2018 Navtej Singh Johar & Ors. v. Union of India Thr. Secretary Ministry of Law and Justice referred to
2016 Devika Biswas v. Union of India & Ors. referred to
2013 U.P. Avas Evam Vikas Parishad & Ors. v. Om Prakash Sharma mentioned
2019 The Officer in Charge, Sub-regional Provident Fund Office & Anr. v. M/s Godavari Garments Limited not applicable

Of those, 1 relied on · 2 referred to · 1 mentioned · 1 not applicable

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