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Bombay High Court Dismisses Club's Appeal Against ESI Interest Demand — Interest Under Section 39(5)(a) of ESI Act, 1948 is Mandatory and Cannot Be Waived. Voluntary Coverage and Deposit of Principal Without Prejudice Do Not Extinguish Statutory Interest Liability.

The appellant, Bombay Gymkhana Limited, a club incorporated under the Indian Companies Act, 1913, was initially covered under the Employees' State Ins...

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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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Supreme Court Dismisses RSRTC Appeals, Upholds Pension Rights of Absorbed Employees. Transfer of CPF Amount by Provident Fund Commissioner Satisfies Condition for Pension Under Circular Dated 02.07.1991.

The Supreme Court dismissed two appeals filed by the Rajasthan State Road Transport Corporation (RSRTC) challenging the judgments of the Rajasthan Hig...

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Bombay High Court Allows Petition Challenging ESI Coverage for Sweet Shop Based on Disputed Employee Count. Court holds that ESI Corporation must determine coverage under Section 2(12) of the Employees' State Insurance Act, 1948 after proper inquiry and opportunity of hearing.

The petitioner, M/s Anil Chat Bhandar, a proprietary concern engaged in preparing and selling sweets and snacks in Nagpur, challenged orders passed by...

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Bombay High Court Allows ESIC Appeal in Royal Western India Turf Club Ltd. v. ESIC — Club Held Not Exempt from ESI Act Coverage. Employees of a club engaged in betting activities are covered under the Employees' State Insurance Act, 1948, as the club is a 'shop' within the meaning of the Act.

The case involves two writ petitions: one by Royal Western India Turf Club Ltd. challenging the applicability of the Employees' State Insurance Act, 1...

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Bombay High Court Dismisses Petitions Challenging ESIC Admission Classification Based on Insurable Service Duration. Classification of insured persons into Groups I, II, III based on 5/4/3 years of service held not violative of Article 14 of the Constitution of India.

The petitioners, Samiksha Dhole and Rasika Pohare, filed writ petitions challenging the admission notice dated 28.6.2017 issued by the Employees' Stat...

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Bombay High Court Allows ESIC Appeal in ESI Coverage Dispute - Section 2A and Regulation 10B Held Mandatory. Employer's Failure to Obtain Code Number Does Not Excuse Contribution Liability Under Employees State Insurance Act, 1948.

The appeal was filed by the Employees State Insurance Corporation (ESIC) under Section 82 of the Employees State Insurance Act, 1948 against the order...

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High Court of Karnataka Dismisses Petitions Challenging Rejection of Nomination Papers for Rajya Sabha Elections. Filing of Nomination by Proposer Who is Not an Elector in the State Renders Nomination Invalid Under Section 33(1) of the Representation of the People Act, 1951.

The petitioners, who were candidates for election to the Rajya Sabha from Karnataka, challenged the rejection of their nomination papers by the Return...