REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE Vs. COCHIN CUSTOMS HOUSE
LAWS(KER)-2003-1-49
HIGH COURT OF KERALA
Decided on January 22,2003

REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE Appellant
VERSUS
COCHIN CUSTOMS HOUSE Respondents

JUDGEMENT

- (1.) AGAINST the judgment in I. C. No. 36 of 1991 of the Employees' Insurance Court, Alappuzha, this appeal is preferred by the opposite party. The respondent filed the application challenging the coverage of the applicant's establishment under the Employees' State Insurance Scheme. The contention of the respondent was that the applicant's establishment was not covered in the Employees' State Insurance Scheme, since 10 tally clerks under the respondent have no employer employee relationship.
(2.) THE appellant had filed a written statement denying the allegation in the application. The contention of the appellant is that the respondent is the principal employer of the tally clerks under the respondent's establishment. The respondent is having ultimate supervision and control over the 10 tally clerks. On the side of the respondent, P. W.-1 was examined and exhibits P-1 to P-12 were marked. On the side of the appellant, D. Ws. 1 to 3 were examined and exhibits D-1 to D-3 were marked. After considering the evidence, the learned Employees' Insurance Court allowed the application and exhibits P-4 and P-5 were set aside. Against the said judgment, this appeal is preferred by the opposite party.
(3.) THE respondent is a society registered under the Travancore Cochin Charitable Literary and Scientific Societies Act. The society was formed with the object of providing business interest of customs house agents. Such customs house agents are not the members of the association. The shipment tally clerks in Cochin Port are employed by various customs house agents and they will have to work inside the wharf. They have to identify cargo stored in the cargo shed for shipment. The tally clerks were agitating through their trade union for security of employment and better service condition. At the instance of the Regional Labour Commissioner (Central), Madras, a conciliation settlement was signed on September 18, 1995, between the Customs House Agents Association and the representative of the trade union of tally clerks. 32 tally clerks were allotted to different groups of the customs house agents on permanent basis. The respondent is not the employer of those tally clerks. The only intention of the respondent is to collect wages from the respective agents and to disburse the same to the tally clerks.;


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