BCCI is a 'shop,' provisions of ESI Act applicable: Supreme Court
New Delhi(PTI): The activities of the Board of Control for Cricket in India (BCCI) are commercial in nature and can be termed as a "shop" for the purposes of attracting the provisions of the Employees State Insurance Act, the Supreme Court has said.
The top court said ESI 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 ESI Court and/or the High Court in treating and considering the BCCI as a shop for applicability of the ESI Act.
"Considering the systematic activities being carried out by the BCCI 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 ESI Court, as well as the High Court, have rightly concluded that the BCCI is carrying out systematic economic commercial activities and, therefore, the BCCI can be said to be 'shop' for the purposes of attracting the provisions of ESI Act," the bench said.
The top court was dealing with the question of whether the BCCI can be said to be a shop as per the notification dated September 18, 1978, and if the provisions of the ESI Act shall be applicable to the BCCI or not.
The Bombay High Court had said that BCCI is covered within the meaning of shop as per notification dated September 18, 1978, issued by the Government of Maharashtra under the provisions of Section 1(5) of the Employees State Insurance Act, 1948.
The top court said the term shop should not be understood and interpreted in its traditional sense as the same would not serve the purpose of the ESI Act.
It said an expansive meaning may be assigned to the word shop for the purposes of the ESI Act.
The apex court said submission on behalf of the BCCI that its predominant activity is to encourage cricket/sports and, therefore, the same shall not be brought within the definition of shop for the purposes of applying the ESI Act, has no substance.
"It is also required to be noted that while holding so, the High Court has also taken into consideration the relevant clauses of the Memorandum of Association of the BCCI to come to the conclusion that the activities of the BCCI can be said to be systematic commercial activities providing entertainment by selling tickets, etc. The Memorandum of Association as a whole is required to be considered.
"In view of the above and for the reasons stated above, we see no reason to interfere with the impugned judgement and order passed by the High Court as well as the ESI Court. As such, we are in complete agreement with the view taken by the High Court. The special leave petitions stand dismissed accordingly," the bench said.
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Virat Kohli's Ranji Trophy return draws massive crowd at Arun Jaitley Stadium, fans chant RCB
New Delhi: Virat Kohli's return to the Ranji Trophy after nearly 13 years has generated massive excitement among fans, with thousands gathering outside Arun Jaitley Stadium, chanting "RCB RCB" in support of the star batter. Kohli is playing for Delhi against Railways as part of his preparation for the upcoming Champions Trophy.
The Delhi and District Cricket Association (DDCA) has allowed free entry for spectators, requiring only an Aadhaar card and a photocopy. Fans have been allocated the Gautam Gambhir Stand, accessible through Gate Nos. 16 and 17, while Gate No. 6 is reserved for DDCA members and guests.
DDCA secretary Ashok Kumar Sharma stated that around 10,000 fans are expected on the first day, with arrangements matching those of an international or IPL match.
Kohli, who last played in the Ranji Trophy in 2012 under Virender Sehwag's captaincy, is looking to regain form. Since 2020, he has scored 2,028 runs in 39 Test matches at an average of 30.72, with just three centuries. In the 2023–25 ICC World Test Championship cycle, he managed 751 runs in 14 matches at an average of 32.65.
