Supreme Court Says Bcci Is A ‘shop,’ Provisions Of Esi Act Applicable

Supreme Court Says Bcci Is A ‘shop,’ Provisions Of Esi Act Applicable
Supreme Court Says Bcci Is A ‘shop,’ Provisions Of Esi Act Applicable

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hear the news

The Supreme Court said- Earnings come from the activities of the Board of Control for Cricket in India (Board). It may be treated as a shop to enforce the provisions of the Employees’ State Insurance Act. The top court said, the ESI Act is a welfare law enacted by the Centre. No narrow meaning should be attached to the words used herein, as it seeks to insure the life of the employees and imputes the employer.

It is not a mistake to consider it a shop from the income of the board.
A bench of Justices MR Shah and PS Narasimha said, “The ESI Court or the High Court has not committed any mistake in treating BCCI as a shop. If we look at the activities of BCCI, then selling tickets, providing entertainment, providing facilities and services at cost, earning from international tours, earning from IPL etc. All these are sources of income and hence the ESI Court and the High Court have made no mistake in calling it a shop. The provisions of ESI Act should be applicable on this. The bench was hearing the issue whether BCCI should be treated as a shop under the ESI Act notified on September 18, 1978.

rejected the board’s argument
The Bombay High Court, in its order, had held that BCCI falls within the definition of shop and the provisions of the ESI Act are applicable to it. The top court said, the word ‘shop’ should not be interpreted in its traditional sense here. This would not serve the purpose of the ESI Act. “There is no substance in the contention of the BCCI that it is engaged in all activities for the promotion of cricket and sports and hence should not be defined as a shop,” the bench said.

Expansion

The Supreme Court said- Earnings come from the activities of the Board of Control for Cricket in India (Board). It may be treated as a shop to enforce the provisions of the Employees’ State Insurance Act. The top court said, the ESI Act is a welfare law enacted by the Centre. No narrow meaning should be attached to the words used herein, as it seeks to insure the life of the employees and imputes the employer.

It is not a mistake to consider it a shop from the income of the board.

A bench of Justices MR Shah and PS Narasimha said, “The ESI Court or the High Court has not committed any mistake in treating BCCI as a shop. Looking at the activities of BCCI, selling tickets, providing entertainment, providing facilities and services at cost, earning from international tours, earning from IPL etc. All these are sources of income and hence the ESI Court and the High Court have done no wrong in calling it a shop. The provisions of ESI Act should be applicable on this. The bench was hearing the issue whether BCCI should be treated as a shop under the ESI Act notified on September 18, 1978.

rejected the board’s argument

The Bombay High Court, in its order, had held that BCCI falls within the definition of shop and the provisions of the ESI Act are applicable to it. The top court said, the word ‘shop’ should not be interpreted in its traditional sense here. This would not serve the purpose of the ESI Act. “There is no substance in the contention of the BCCI that it is engaged in all activities for the promotion of cricket and sports and hence should not be defined as a shop,” the bench said.

The article is in Hindi

Tags: Supreme Court Bcci shop Provisions Esi Act Applicable

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