ESI CORPORATION Vs. UNITED ELECTRICAL INDUSTRIES LTD
HIGH COURT OF KERALA
UNITED ELECTRICAL INDUSTRIES LTD.
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(1.) Are the employees of a canteen run by an independent contractor within the premises of a factory engaged in the business of manufacture and sale of meters and other goods, employees of that factory, as the term is defined in S.2(9) of the Employees' State Insurance Act, 1948 (hereinafter referred to as the Act) This is the main question which arises for decision in this appeal. There are two other questions, the. answer to which need not detain us for long.
(2.) M/s. United Electrical Industries Limited, Quilon applied to the Employees Insurance Court, Alleppey for a declaration that the demand made by the Employees' State Insurance Corporation for payment of contributions under the Act on wages paid to the canteen employees for the period from 7-6-1960 to 20-11-1966 and also payment of contributions on wages paid to casual workers for the period from the first quarter of 1952 to the last quarter of 1962 were illegal. Besides the question which we have formulated earlier, two other questions arose for decision before the Insurance Court. One of them was whether the casual workers were 'employees' in respect of whom contribution was payable and the other was whether the claim for recovery by the Employees State Insurance Corporation was barred by limitation.
(3.) The Employees Insurance Court held that in respect of casual workers as well as canteen employees no contribution was payable by the employer and further that the demand for contribution on wages paid to casual workmen was barred by limitation.;
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