Unit II · Labour Law – II

Employees' State Insurance Act, 1948: coverage and benefits

Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Statute sections

Act / instrument	Section	Name
Employees' State Insurance Act, 1948	2(9)	Employee
Employees' State Insurance Act, 1948	38	All employees to be insured
Employees' State Insurance Act, 1948	46	Benefits (sickness, maternity, disablement, dependants)
Employees' State Insurance Act, 1948	53	Bar of compensation or damages in certain cases

AIR 1978 SC 1478 · Supreme Court of India

Cycle-stand and canteen workers operating in a cinema were employees of the principal employer for ESI contribution.

(1996) 2 SCC 682 · Supreme Court of India

ESI coverage follows the statutory definition of employee and factory; labels in a contract cannot defeat the Act.

(1978) 1 SCC 194 · Supreme Court of India

Workers engaged through contractors on the premises can still be employees for ESI if they work in connection with the factory.