MANAGALORE PORT TRUST versus THE REGIONAL DIRECTOR, ESI CORPORATION, BANGALORE, KARNATAKA

Citation: [2014] 11 S.C.R. 428 · Decided: 28-10-2014 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2014) 11 S.C.R. 428 
A 
NEW MANGALORE PORT LISTED WORKERS 
MANAGING COMMITTEE NOW REPRESENTED BY NEW 
MANAGALORE PORT TRUST 
v. 
THE REGIONAL DIRECTOR, ESI CORPORATION, 
B 
BANGALORE, KARNATAKA 
c 
(Civil Appeal No. 9931 of 2014) 
OCTOBER 28, 2014 
[T.S. THAKUR AND R. BANUMATHI, JJ.] 
Employees State Insurance Act, 1948~ ss.1(5), 75(g) -
Major Port - Appel/ant-Committee established on 1.3.1983 
with a purpose to deploy listed workers for loading and 
unloading of the cargo in the Mangalore Port Premises - It 
o continued till 15.3.1990 on which date the workers of the 
Managing Committee were absorbed by NMPT - Applicability 
of ES/ Act to the appellant-Committee - Question whether 
between 1983 and 15.3.1990 the rendering of services of 
loading and unloading by appellant-Management Committee 
E to NMPTwas an integral part of NMPT and whether the State 
Government is the "appropriate government" to issue the 
notification - High Court did not examine the said question 
in the light of evidence of Secretary and Deputy Secretary of 
the appellant-Committee - Matter remitted to High Court to 
F examine same. 
• 
Allowing the appeal and remitting the matter to the · 
High Court, the Court 
HELD: 1. By notification dated 4.5.1974, New 
G Mangalore Port was declared as a Major Port. NMPL 
Workers Managing Committee was formed in the year 
1983 and it continued till 15.3.1990 on which date the 
workers of the· Managing Committee were absorbed by 
New Mangalore Port Trust (NMPT) and they became 
H 
428 
• 
NEW MANGALORE PORT LISTED WORKERS MAN. COMM. v . . 429 
REG DIR., ESI CORP, BANGALORE 
NMPT Registered Cargo Handling Wing. After the 
A 
workmen of the Committee were so absorbed, the 
appellant-Managing Committee was no longer in 
existence and NMPT was said to be pursuing this matter. 
In terms of Government of India notification dated 
20.7.2009, the provisions.of the ESI Act were made 
B 
applicable to all port trusts including the NMPT, so that 
the casual and contract employees working in the NMPT 
have been brought under the said Act. The employees of 
the New Mangalore Port Trust inclusive of its Auto 
Garage, Workshop, Registered Cargo Handling Workers c 
Wing were exempted from the applicability of the 
provisions of the ESI Act by Notification dated 3.9.2010 
of the Government of India. [Para 8, 9, 1 O] [433-B-D-H] 
2. The High Court did not examine the testimony of 
AW-1, Secretary of New Mangalore Port Listed Workers 
D 
Committee and AW-2, Deputy Secretary of NMPT and their 
evidence that prior to 15.3.1990 the workers were under 
the administrative control of the NMPT. The questions viz.: 
(i) whether the workers of the Managing Committee were 
registered as Stevedores engaged in loading and 
unloading work of NMPT and whether they were under 
the administrative control of NMPT; (ii) whether the 
services rendered .by the workers of the Managing 
Committee was an integral part of NMPT and if that be so, 
whether the "appropriate government" is the Central 
Government and <(iii) whether the workers of the 
Managing Committee were extended medical facilities and 
other benefits on par. with other employees of the NMPT 
and other relevant questions remain unanswered. The 
High Court did not consider these questions in the light G 
of the evidence of AWs 1 and 2: That apart, High Court 
E 
F 
did not have the benefit of considering the notification 
issued by the Government of India dated 20.7.2009, 
extending the provisions of the ESI Act to NMPT and the 
exemption granted by the Government of India by its 
notification dated 3.9.2010. [para 13] [434-E-H; 435-A-B] 
H 
430 
SUPREME COURT REPORTS 
•1 
[2014] 11 S.C.R. 
A 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 
9931 of 2014. 
From the Judgment & Order dated 05.10.2007 in 
Miscellaneous First Appeal No. 1379 of 2002 (ESI), of the High 
B Court of Karnataka at Bangalore. 
Rakesh K. Sharma, Sanjay Kunur, R.N. Keshwani, S.N. 
Bhat for the Appellant. 
C 
Mahesh Srivastava, Vaibhav M. Srivastava, P.N. Puri, 
Murari Kumar, Yakesh Anand, Vijay Pratap Singh, Sanjeev 
Anand for the Respondent. 
The Judgment of the Court was delivered by 
D 
R. BANUMATHI, J. 1. Leave granted. 
2. Whether or not New Mangalore Port Listed Workers 
Managing Committee is an integral part of New Mangalore Port 
Trust (NMPT) and whether State Government is .the 
E "appropriate government" to extend the applicability of 
provisions of Employees State Insurance Act, 1948 (ESI Act) 
to t
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