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The establishment cannot be covered under E.S.I. merely on the basis of the report of the inspector without having statement of all workmen with their detailed particulars. - The Employees’ State Insurance Act, 1948

Applicability of the provisions of the Employees State Insurance Act, 1948 on the basis of report of ESI Inspector, without having statement of all the workmen employees by the employer with their detailed particulars, including their nature of work, monthly wages etc., is not justified since the burden to prove number of employees required for applicability of the Act is upon the ESI Corporation and not upon the employer since proving negative burden is unwarranted.

M/s. Natraj Cinema vs. The Deputy Regional Director, Employees' State Insurance Corporation. 2017 LLR 854 (Bom. HC.)


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