Regional Director vs Shree Mahila Gruh Udyog Lijjatpapad on 16 July, 2026

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    Gujarat High Court

    Regional Director vs Shree Mahila Gruh Udyog Lijjatpapad on 16 July, 2026

                                                                                                                          NEUTRAL CITATION
    
    
    
    
                                C/FA/4451/2006                                       CAV JUDGMENT DATED: 16/07/2026
    
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                                                                                   Reserved On   : 24/06/2026
                                                                                   Pronounced On : 16/07/2026
    
                                          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                                    R/FIRST APPEAL NO. 4451 of 2006
                                                                 With
                                                    R/FIRST APPEAL NO. 4452 of 2006
    
                           FOR APPROVAL AND SIGNATURE:
    
    
                           HONOURABLE MR. JUSTICE J. C. DOSHI                      sd/-
    
                           ==========================================================
    
                                         Approved for Reporting                       Yes            No
                                                                                                     no
                           ==========================================================
                                                         REGIONAL DIRECTOR
                                                                Versus
                                                 SHREE MAHILA GRUH UDYOG LIJJATPAPAD
                           ==========================================================
                           Appearance:
                           MR HEMANT S SHAH(756) for the Appellant(s) No. 1
                           MR KM PATEL SENIOR ADVOCATE WITH MR PS GOGIA(2751) for the
                           Defendant(s) No. 1
                           ==========================================================
    
                             CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
    
    
                                                                  CAV JUDGMENT
    

    1. The captioned appeals involves same facts and points in
    dispute. Hence with the consent of learned Advocates for both
    the sides, both the appeals are heard analogously and decided
    by this common order.

    2. The orders passed by the E.S.I Court, Rajkot in E.S.I
    application nos.32/90 and 29/90 are challenged under Section
    82(2)
    of the Employees State Insurance Act, 1948 (for short, ‘the

    SPONSORED

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    E.S.I Act‘) as First Appeal No.4451 of 2006 and First Appeal
    No.4452 of 2006 respectively at the behest of E.S.I Corporation.

    3. Fact is taken from the E.S.I application no.32 of 90. Shree
    Mahila Gruh Udyog Lijjat Papad is a society registered with the
    Society Act, 1960 and also as a Bombay Public Trust registered
    under the BPT Act, 1950. Having its main office at Rajkot, Shree
    Mahila Gruh Udyog Lijjat Papad is operating throughout India in
    different branches and approximately 9,000 women are working;
    a woman who is able to roll at least 3kgs of papads in a day and
    being a major can be a member of the society. They are not
    required to invest any amount. Shree Mahila Gruh Udyog Lijjat
    Papad has been given exemption from paying income tax and
    sales tax. The work of rolling papad is not under the supervision
    of anyone. In other words, women who are members of Shree
    Mahila Gruh Udyog Lijjat Papad are working on their own and
    Shree Mahila Gruh Udyog Lijjat Papad is mainly working for the
    upliftment of women from the lower strata of the society.

    3.1 It is the further case of Shree Mahila Gruh Udyog Lijjat
    Papad that whatever profit earned by the society would be
    divided amongst the members, either in case or in a kind. In a
    nutshell, it is stated that Shree Mahila Gruh Udyog Lijjat Papad,
    since does not fall within the definition of industry or so, E.S.I
    Corporation cannot levy any contribution.

    3.2 In line of the aforesaid pleading, Shree Mahila Gruh Udyog
    Lijjat Papad has challenged two different notices issued by the
    E.S.I Corporation for levy of contribution, invoking Section 75 of

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    the E.S.I Act by way of aforesaid two E.S.I applications. The E.S.I
    Court pleased to allow the aforesaid applications and declared
    that women of Shree Mahila Gruh Udyog Lijjat Papad does not
    fall within the definition of ’employee’ as per Section 2(9) of the
    E.S.I Act, 1948. Further, that the women working in rolling
    papads are not paid any wages, which also indicates that they
    are not the employees and thus, Shree Mahila Gruh Udyog Lijjat
    Papad does not attract Section 2(12) of the E.S.I Act as E.S.I
    Corporation failed to prove it as ‘establishment’. Ultimately, as
    stated herein-above, the E.S.I Court has canceled the notice
    issued by the E.S.I Corporation by declaring it as invalid.

    3.3 Being aggrieved, E.S.I Corporation has filed this appeal,
    raising following substantial question of law:

    “A. Whether the establishment is
    covered under the E.S.I Act in view of the
    report of the insurance inspector?

    B. Whether the payment made on
    voucher to the workers are said to be
    workers and can be considered as
    employees under the act and for that the
    act is applicable?”

    4. Heard learned Advocate Mr. Hemant S Shah appearing for
    the E.S.I Corporation and learned Senior Counsel Mr. KM Patel
    assisted by learned Advocate Mr. PS Gogia appearing for Shree
    Mahila Gruh Udyog Lijjat Papad.

    5. Learned Advocate Mr. Hemant Shah has referred to the
    impugned judgment and submitted that the learned E.S.I Court

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    has committed serious error in believing that women who are
    working in Shree Mahila Gruh Udyog Lijjat Papad are just
    members and not the employees. He would further submit that
    learned E.S.I Court has committed serious error in reading the
    definition of ’employee’ under Section 2(9) and the definition of
    ‘establishment’ under Section 2(12) of the E.S.I Act. He would
    further submit that in the Rajkot Branch where the officer of
    E.S.I visited and found that more than 600 women were
    working, they are taking away the raw materials from the branch
    office of Shree Mahila Gruh Udyog Lijjat Papad to their home,
    rolling papads and giving it back to Shree Mahila Gruh Udyog
    Lijjat Papad. He would further submit that papads which are
    rolled out by the women are sold in the open market under the
    brand name of “Lijjat Papad”, earning profit and under its
    policy, Shree Mahila Gruh Udyog Lijjat Papad is distributing the
    entire profit to the women for their upliftment. Thus, it would
    not exclude Shree Mahila Gruh Udyog Lijjat Papad from the
    definition of ‘industry/establishment’ under Section 2(12) of the
    Act.

    5.1 Learned Advocate Mr. Hemant Shah, therefore, submitted
    that learned E.S.I Court has committed serious error in
    canceling the two notices issued for recovery of the contribution
    and extending coverage of the E.S.I Act upon Shree Mahila Gruh
    Udyog Lijjat Papad.

    5.2 Upon above submissions, learned Advocate Mr. Hemant
    Shah submitted to allow these appeals and to quash and set
    aside the impugned judgment and to dismiss the applications

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    filed before the learned trial Court.

    6. Per contra, learned Senior Counsel Mr. KM Patel relied
    upon the judgment in case of C.E.S.C. Limited and Others vs.
    Subhash Chandra Bose And Others
    , reported in 1992 (1) SCC
    441 and submitted that if an employee is employed under the
    supervision of principal employer or his agent then only he can
    be treated as an ’employee’ and if the number of such employees
    exceed 10, then the E.S.I Act would apply. He would further
    submit that the word ‘supervision’ has been explained by the
    Hon’ble Supreme Court in the aforesaid judgment holding that
    the consistency of vigil necessary; mere right of checking of work
    after its completion and rejection or accepting the work on
    scrutinizing compliance with the job requirement would not
    constitute supervision.

    6.1 Learned Senior Counsel Mr. KM Patel refers to para 14 of
    the judgment in case of C.E.S.C. Limited and Others vs.
    Subhash Chandra Bose And Others
    (supra), to buffer his
    contentions which reads as under:

    …”14. The case of P.M. Patel & Sons v.
    Union of India
    , reported in 1986 (1) SCC
    32, can also be no help to interpret the
    word ‘supervision’ herein. The word as
    such is not found employed in Sec-tion

    20) of the Employees’ Provident Funds
    and Miscellaneous Provi-sions Act, 1952
    but found used in the text of the
    judgment. It appears to have been used as
    a means to establish connection between
    the employer and the employee having
    regard to the nature of work performed.

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    But what has been done in Patel case
    cannot ipso facto be imported in the
    instant case since the word ‘supervision’
    in the textual context requires
    independent construction. In the ordinary
    dictionary sense “to super-vise” means to
    direct or oversee the performance or
    operation of an activity and to oversee it,
    watch over and direct. It is work under
    eye and gaze of someone who can
    immediately direct a corrective and tender
    advice. In the textual sense ‘supervision’
    of the principal employer or his agent is
    on ‘work’ at the places envisaged and the
    word ‘work’ can neither be construed so
    broadly to be the final act of acceptance or
    rejection of work, nor so narrowly so as to
    be supervision at all times and at each
    and every step of the work. A harmonious
    construction alone would help carry out
    the purpose of the Act, which would mean
    moderating the two extremes. When the
    employee is put to work under the eye and
    gaze of the principal employer, or his
    agent, where he can be watched secretly,
    accidentally, or occasionally, while the
    work is in progress, so as to scrutinise the
    quality thereof and to detect faults
    therein, as also put to timely remedial
    measures by directions given, finally
    leading to the satisfactory completion and
    acceptance of the work, that would in our
    view be supervision for the purposes of
    Section 2(9) of the Act. It is the
    consistency of vigil, the proverbial ‘a stich
    in time saves nine’. The standards of vigil
    would of course depend on the facts of
    each case. Now this function, the
    principal employer, no doubt can delegate
    to his agent who in the eye of law is his
    second self, i.e., a substitute of the
    principal employer. The immediate
    employer, instantly, the electrical

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    contractors, can by statutory compulsion
    never be the agent of the principal
    employer. If such a relationship is
    permitted to be established it would not
    only obliterate the distinction between the
    two, but would violate the provisions of
    the Act as well as the contractual
    principle that a contractor and a
    contractor cannot be the same person.
    The ESIC claims establishment of such
    agency on the terms of the contract, a
    relationship express or implied. But, as is
    evident, the creation or deduction of such
    a relationship throws one towards the
    statutory scheme of keeping distinct the
    concept of the principal and immediate
    employer, because of diverse f and distinct
    roles. The definition is well drawn in
    Halsbury’s Laws of Eng-land (Hailsham
    Edition) Vol. I at page 145, para 350 as
    follows:

    “An agent is to be distinguished on the
    one hand from a servant, and on the
    other from an independent contractor.
    A servant acts under the direct control
    and supervision of his master, and is 9
    bound to conform to all reasonable
    orders given to him in the course of his
    work; an independent contractor, on
    the other hand, is entirely independent
    of any control or interference and
    merely undertakes to produce a
    specified result, employing his own
    means to produce that result. An
    agent, though bound to exercise his
    authority in accordance with all lawful
    instructions which may be given to him
    from time to time by his principal, is
    not subject in its exercise to the direct
    control and supervision of the
    principal.”

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    And this statement of law was used with
    approval by this Court in Superintendent
    of Post Offices vs. P.K. Rajamma
    , reported
    in 1977 (3) SCC 94.”…

    6.2 Taking to the facts of the case, learned Senior Counsel Mr.
    Patel submits that in the case on hand, Shree Mahila Gruh
    Udyog Lijjat Papad is working for the social restructuring and
    upliftment of the women. It is working like cooperatives. All the
    women are members of the society and they are rolling papads at
    their home, after obtaining the raw material from the society and
    after rolling papads at their home, they are giving back papads
    to Shree Mahila Gruh Udyog Lijjat Papad. Therefore, in absence
    of consistent vigilance of the society over the working of the
    women, the society cannot be considered as an establishment
    attracting the Section 2(12) of the E.S.I Act. He would further
    submit that though more than 600 women workers are working
    in a particular branch, they are just members as per the rules
    and regulations notified by the Charity Commissioner,
    Maharashtra, which indicates that all the women are members
    and their memberships can be canceled.

    6.3 Thus, learned Senior Counsel Mr. KM Patel submitted that
    Shree Mahila Gruh Udyog Lijjat Papad cannot be considered as
    an ‘establishment’ within Section 2(12) of the Act. Supporting
    the impugned judgment, learned Senior Counsel submits that no
    effective strength of more than 10 employees was ever found
    during the visit. He would further submit that since women are
    not to be treated as employees within Section 2(9) of the E.S.I
    Act, the learned E.S.I Court has not committed error in allowing

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    two separate applications to cancel the demand of contribution
    raised by the E.S.I Corporation on extending cover of the E.S.I
    Act
    .

    6.4 In line of the aforesaid submissions, learned Senior
    Counsel Mr. KM Patel submitted to dismiss both the captioned
    appeals.

    7. Having heard learned Senior Counsel and learned
    Advocates for both the sides and considering the facts and
    circumstances of the case, the point arises for consideration that
    whether Shree Mahila Gruh Udyog Lijjat Papad can be treated
    as ‘establishment’ under Section 2(12) of the E.S.I Act and
    women who are members of Shree Mahila Gruh Udyog Lijjat
    Papad can be treated as ’employees’ ?

    7.1 There is no cavil. When the officer of the E.S.I visited the
    branch of Shree Mahila Gruh Udyog Lijjat Papad, in the register,
    he found more than 600 women are working. It is also
    undeniable that women are working at their home and not at the
    branch of Shree Mahila Gruh Udyog Lijjat Papad. Equally, it is
    an undisputed fact that Shree Mahila Gruh Udyog Lijjat Papad
    is registered under the Society Act and also under the Public
    Trust Act
    , having its own constitution.

    7.2 In background of the aforesaid undisputed aspect, let me
    refer to Section 2(9) and Section 2(12) of the E.S.I Act, which
    reads as under:

    …”2.(9) – ’employee’ means any person
    employed for wages in or in connection
    with the work of a factory or

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    establishment to which this Act applies
    and –

    (i) who is directly employed by the
    principal employer on any work of,
    or incidental or preliminary to or
    connected with the work of, the
    factory or establishment, whether
    such work is done by the employee
    in the factory or establishment or
    elsewhere; or

    (ii) who is employed by or through
    an immediate employer on the
    premises of the factory or
    establishment or under the
    supervision of the principal
    employer or his agent on work which
    is ordinarily part of the work of the
    factory or establishment or which is
    preliminary to the work carried on in
    or incidental to the purpose of the
    factory or establishment; or

    (iii) whose services are temporarily
    lent or let on hire to the principal
    employer by the person with whom
    the person whose services are so
    lent or let on hire has entered into a
    contract of service.”…

    …”2.(12) “factory” means any premises
    including the precincts thereof whereon
    ten or more persons are employed or were
    employed on any day of the preceding
    twelve months, and in any part of which a
    manufacturing process is being carried on
    or is ordinarily so carried on, but does not
    include a mine subject to the operation of
    the Mines Act, 1952 (35 of 1952) or a
    railway running shed;”…

    7.3 Thus, an “employee” means a person employed for wages

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    or in connection with the work of factory or establishment, who
    is directly employed by the principal employer on any work, or
    incidentally or preliminary to or connected with the main work of
    the factory, or an establishment or a person who is employed by
    or through any immediate employer on the premises of the
    factory, or under the supervision of the principal employer or his
    agent on work which is ordinarily part of the work of factory or
    establishment, or whose service are temporarily lent or let on
    hire to principal employer by the person with whom the person
    whose services are so lent or let on higher as entered into the
    contract of service. It also include a person employed for wages
    on any work connected with the administration of the factory or
    establishment or any part thereof, or with the purchase of raw
    material, or distribution of sale of the products of the factory or
    establishment.

    7.4 The “factory” means any premises including the precincts
    thereof where ten or more person are employed or employed on
    any day of the preceding twelve months, and in any part of
    which manufacturing process has been carried on or is
    ordinarily carried on. The mining project are not included and
    simultaneously, railway running shed is also not included in the
    definition of “factory”.

    8. At this juncture, let me refer to the judgment of the Hon’ble
    Supreme Court in case of Shri Mahila Griha Udyog Lijjat Papad
    vs. Union of India and Another
    , reported in 1999 (6) SCC 38 ,
    while examining the issue arising under the Employees
    Provident Funds and Miscellaneous Provisions Act, 1952
    , in
    regards to a particular branch of Jabalpur, in para nos.1, 2 and

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    3 of the judgment of the Hon’ble Supreme Court held as under:

    “1. After this appeal was heard for quite
    some time, Mr. G.L. Sanghi, learned
    Senior Counsel appearing for the
    appellant, fairly stated that he gives up all
    his contentions in this appeal especially in
    view of the decision of the Constitution
    Bench of this Court in Writ Petition No. 86
    of 1962 (Basant Lal Jain v. R.P. F.
    Commr.
    1963 SC (Notes) 114) decided on
    21-31963 where under the same Entry 24
    inserted by notification of 30-4-1962
    applying the Act as per the provisions of
    Section 1(3) Sub-section (b) was held
    applicable to the facts of the case wherein
    a manufacturer of sweetmeats was held
    liable to be covered under the said entry
    even though he was selling his own
    manufactured sweetmeats after storing
    them. That Entry 24 reads as under:

    “Every trading and commercial
    establishment engaged in the
    purchase, sale or storage of any
    goods, including establishment of
    exporters, importers, advertisers,
    commission agents and brokers, and
    commodity and stock exchanges but
    not including banks or warehouses
    established under any Central or
    State Act.”

    2. Mr. Sanghi is also right when he does
    not contest the finding of fact recorded by
    the Regional Provident Fund
    Commissioner and which is also
    confirmed by the High Court, that women
    who were preparing “Lijjat” papad by
    utilising the raw material supplied by the
    Jabalpur branch of the appellant, were

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    employees of the branch concerned. He,
    however, submitted that even if this
    appeal is dismissed, the application of the
    Employees’ Provident Fund and
    Miscellaneous Provisions Act, 1952
    may
    be made prospective in its applicability to
    Jabalpur branch for the simple reason
    that under Section 6 of the Act the
    employer has to deduct, for remitting to
    the authorities, eight and one-third
    percent (after amendment 10 per cent) of
    the basic wages dearness allowance and
    retaining allowance (if any) from wages of
    its employees and deposit the same as
    prescribed under the Act together with its
    own equal amount of contribution every
    month for the future statutory benefits of
    the employees. The employees are women
    who carried on physical work of preparing
    papads. Years have rolled by. They are
    mostly destitute and also in dire economic
    need for carrying out their livelihood to
    maintain their families living from hand to
    mouth. The demand from 1986 to 1991,
    by way of monthly deductions from their
    wages, will give rise to immense hardships
    to all these women and equal hardships to
    the appellant. During the proceedings
    before the High Court the demand had
    remained stayed by the High Court and
    till today, under the orders of this Court
    in this appeal, when leave was granted on
    6-12-1993 the stay has continued. In
    these circumstances, if the past demands
    are revived, it would bring extreme
    disaster, not only to the appellant
    concerned, but also to the poor women
    employees, who were to be financially
    assisted by giving them economic
    assistance when work was taken from
    them of preparing papads and vadis and
    were paid on the basis of the out-turn of
    papads and vadis on piece-rate basis

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    related to the weight of the papads and
    vadis prepared by them.

    3. The aforesaid submission of Mr. Sanghi
    deserves to be accepted in the interest of
    justice and in the light of the peculiar
    facts of this case. We, therefore, while
    dismissing this appeal and while holding
    that the Act applied to the appellant’s
    branch at Jabalpur, direct that the
    application of the Act to that branch
    should be with effect from 1-4-1999. It is
    obvious that the appropriate deductions
    under Section 6 of the Act from the wages
    of the employees concerned at Jabalpur
    branch as well as the matching
    contribution of the employer for
    depositing them with the authority will
    start from 1-5-1999 for the month of April
    1999 onwards.”…

    8.1 Para 2 in the judgment of Shri Mahila Griha Udyog Lijjat
    Papad vs. Union of India and Another
    (supra), it attracts to the
    facts of the present case where women of Lijjat Papad, by
    utilizing the raw materials supplied by the Rajkot Branch and
    rolling papads at home, sends those papads back to Lijjat Papad
    for selling purpose. This judgment was not brought to the notice
    of the E.S.I Court, while passing the impugned judgment.

    8.2 Learned Advocate Mr. PS Gogia pointed that in the State of
    Maharashtra, Shree Mahila Gruh Udyog Lijjat Papad has been
    given exemption from operation of the E.S.I Act. Simultaneously,
    one cannot lose sight to the fact that Shree Mahila Gruh Udyog
    Lijjat Papad has been registered under the Societies Registration
    Act
    as well as under the Gujarat Public Trust Act. There is no

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    gainsaying that Shree Mahila Gruh Udyog Lijjat Papad has its
    own constitution regularity, governing the status of women
    working to roll papads and how to sell papads in open market.
    Therefore, all these aspects requires to be re-analyzed. The
    parties in this regard may lead the necessary evidence and the
    shift and weight of the evidence is required to be independently
    carried out.

    9. In view of the above, this Court without delving further into
    merits of the case, finds it that it is a proper to remand back the
    matter to the E.S.I Court for fresh consideration.

    10. In wake of the aforesaid reasons, the impugned judgment
    in E.S.I Application Nos.32 of 90 and 29 of 90 are hereby
    quashed and set aside. Proceeding of both the E.S.I applications
    are restored back to the E.S.I Court for fresh consideration.
    Liberty is granted to both the parties to lead the fresh evidence,
    if they are so intended and advised.

    11. Learned E.S.I Court shall decide the entire issue afresh as
    early as possible, preferably within nine months from the receipt
    of this order. Record and Proceedings is ordered to be sent back.
    Registry is directed to maintain a copy of this order in both the
    appeals.

    sd/-

    (J. C. DOSHI,J)
    PARMAR KRISH

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