NEW DELHI, August 31, 2022 (TBINN)

Activities of the Board of Control for Cricket in India (B.C.C.I.) are commercial in nature and can be termed as a shop for the purposes of attracting the provisions of Employees State Insurance Act, the Supreme Court said.

The top court said E.S.I. Act is welfare legislation enacted by the Centre and a narrow meaning should not be attached to the words used in the Act as it seeks to insure the employees of covered establishments against various risks to their life, health and well-being and places the charge upon the employer.

A bench of Justices M.R. Shah and P.S. Narasimha said no error has been committed by the E.S.I. Court and or the High Court in treating and considering the B.C.C.I. as a shop for applicability of the E.S.I. Act.

Considering the systematic activities being carried out by the B.C.C.I. namely, selling of tickets of Cricket matches; providing entertainment; rendering the services for a price; receiving the income from international tours and the income from the Indian Premier League, the E.S.I. Court, as well as the High Court, have rightly concluded that B.C.C.I. is carrying out systematic economic commercial activities and, therefore, the B.C.C.I. can be said to be shop for the purposes of attracting the provisions of E.S.I. Act, the bench said.

Supreme Court was dealing with the question of whether the B.C.C.I. can be said to be a shop, as per the notification dated September 18, 1978 and if the provisions of the E.S.I. Act shall be applicable to the B.C.C.I. or not.

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