LexDALCO ENGINEERING PRIVATE LTD. versus SHREE SATISH PRABHAKAR PADHYE AND ORS.
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[2010] 4 S.C.R. 15 DALCO ENGINEERING PRIVATE LTD. v. SHREE SATISH PRABHAKAR PADHYE AND ORS. (Civil Appeal No.1886 of 2007) MARCH 31, 2010 [R.V. RAVEENDRAN, R.M. LODHA AND C.K. PRASAD, JJ.] Persons with Disabilities (Equal Opportunities, Protection A B of Rights and Full Participation) Act, 1995 - ss.2(k) and 47 - c Establishments, within the meaning of that expression in s.2(k) - Company incorporated under the Companies Act (other than a Government company) - Whether an "establishment" as defined in s.2(k) - Applicability of s. 47 - Requirement relating to non-discrimination of employees D acquiring disability during course of service, as embodied in s.47 - To be complied with only by authorities falling within the definition of State (as defined in Article 12 of the Constitution), or even by private employers - Held: The definition of 'establishment' as in· s.2(k) includes only E 'Government Companies' as defined in s. 617 of the Companies Act which necessarily and impliedly excludes all other types of companies registered under the Companies Act, 1956, from the definition of 'establishment' - S.47 applies only to establishments specifically defined as 'establishment' F under s.2(k) -Benefit intended to be restricted to a particular class of employees, i.e. employees of enumerated establishments (which fall within scope of 'State' under Article 12 of the Constitution) - Private employers, whether individuals, partnerships, proprietary concerns or companies (other than Government companies) are clearly excluded G from the 'establishments' to which s.47 will apply- Constitution of India, 1950 - Article 12 - Companies Act, 1956 - s.617. / Interpretation of Statutes - Socio-economic legislation - 15 H 16 SUPREME COURT REPORTS [2010] 4 S.C.R. A Held: To be interpreted liberally - However, Courts cannot expand the application of a provision in a socio-economic legislation by judicial interpretation, to levels unintended by the legislature, or in a manner which militates against the provisions of the statute itself or against any constitutional B limitations - Express limitations placed by socio-economic statute cannot be ignored, so as to include in its application, those who are clearly excluded by such statute itself Interpretation of Statutes - Marginal Note - Held: Though the marginal note may not control the meaning of the C body of the section, it usually gives a safe indication of the purport of the section to the extent possible. Words and Phrases-'estab/ishment'- Meaning of, in the context of s.2(k) of the Persons with Disabilities (Equal 0 Opportunities, Protection of Rights and Full Participation). Act, 1995. In these appeals, dispute arose as to whether having regard to the definition of the word 'establishment' in section 2(k) of the Act, the requirement relating to non- E discrimination of employees acquiring a disability during the course of service, embodied in Section 47, is to be complied with only by authorities falling within the definition of State (as defined in Article 12 of the Constitution), or even by private employers. F The questions which consequently arose for consideration before this Court were (i) whether a company incorporated under the Companies Act (other than a Government company as defined in section 617 of the Companies Act, 1956) is an "establishment" as G defined in section 2(k) of the Act and (ii) whether the respondent in C.A.No.1886 of 2007 and the first appellant in C.A No.1858 of 2007 are entitled to claim any relief with reference to section 47 of the Act. H Allowing C.A.No.1886 of 2007 and dismissing C.A DALCO ENGINEERING PRIVATE LTD. v. SATISH PRABHAKAR PADHYE No.1858 of 2007, the Court 17 A HELD: 1.1. The term "establishment" employed in Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 is defined in Section 2(k) of the said Act. The 8 definition of the word 'establishment' in section 2(k) is an exhaustive definition, and the categories of employers covered by it are: (i) a corporation established by or under a Central, Provincial, or State Act; (ii) an authority or a body owned or controlled or aided by the Government; (iii) a local authority; (iv) a Government C company as defined in Section 617 of the Companies Act, 1956; and (v) Departments of a Government. [Para 6) [27- E-G] . 1.2. The words "a Corporat
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