EMPLOYEES STATE INSURANCE CORPORATION Vs. NARAYANASWAMI AND SONS
LAWS(KAR)-1966-10-11
HIGH COURT OF KARNATAKA
Decided on October 14,1966

EMPLOYEES' STATE INSURANCE CORPORATION Appellant
VERSUS
NARAYANASWAMI AND SONS Respondents

JUDGEMENT

Per Bhimayya, J. - (1.)The above appeal arises out of the order passed by the Employees' State Insurance Court at Bangalore, in Application No. 16 of 1964 rejecting the application filed by the appellant under S. 75(2) of the Employees' State Insurance Act, 1948, to be hereinafter called the Act, for the recovery of employees' contribution payable by the respondent-factory.
(2.)The application was filed by the Employees' State Insurance Corporation through its manager against the respondent-factory to recover a sum of Rs. 8,893 for the period commencing from 27 July 1958 to 31 January, 1964, being the employees' contribution payable by the principal employer, viz., respondent-factory, for the benefits of the workers employed by the immediate employers.
(3.)The respondent is a partnership-firm constituted by two brothers by name Laxmanamurthi and Srinivasamurthi. The respondent-factory manufactures and exports polished granite memorial stones. The factory is situate at the south-end area, Basavangudi, Bangalore. Exhibit P. 1 is the plan and the entire area shown in the said plan belongs to the respondent firm. There are two areas marked in the plan. In the area marked A, employers numbering 35 work directly under the respondent-firm which pays employees' contribution for them; in the area marked B, about 50 workers have been employed by two contractors, Chidambarachari and Shankarasubbachari. The respondent's lorry-drivers bring granite from the surroundings areas and unload them outside the portions A and B which places also belong to the respondent. The contractors get them to the portion B for cutting purposes. Those stones are cut and dressed in B portion of the plan and sent to the A portion of the factory where they are designed, polished and thereafter exported. The appellant has laid claim for contribution from the respondent in respect of those employees also as their principle employer.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.