- (1.) This appeal is directed against an order passed by the learned single Judge dated March 17, 1989, whereby the learned single Judge dismissed the writ petition and held that the petitioner was covered by the provisions of the Employees' State Insurance Act, 1948 (hereinafter referred to as the Act of 1948).
(2.) Brief facts, which are necessary for disposal, are that the appellant/petitioner filed a writ petition challenging the order dated June 7, 1976, and sought for a writ of mandamus against the respondents to forbear from giving effect to the aforesaid order or implementing the same. It is alleged that the Head Office of the appellant-petitioner is situated at No 30, Shakespeare Sarani, Calcutta, and its sales organsiation is situated at No. 6A, S.N. Banerjee Road, Calcutta. The factories' Head Office and Sales Organisations are completely distinct and separate organisations under the organisation set up of the Company. Bata India Limited has three factories at Batanagar, Batagunge and Faridabad respectively. All these three factories of the appellant-petitioner have their respective separate administrations. It is alleged that all these three factories are registered under the Factories Act, 1948, and they are completely distinct and independent establishments. So far as the present factory is concerned, it is situated at Batanagar, South 24-Parganas, being a non-implemented area. We are only concerned with the factory, which is in the State of West Bengal. The appellant-petitioner has two other branch factories at Batagunge and Faridabad, The administrative offices of the said two factories are also situated in the said factory of the appellant- petitioner in Calcutta, and they have their sales organisations in Calcutta. The controversy is, in the present case, with regard to the employees, who are in the Sales Department in Calcutta. The question is as to whether these sales depots/sales offices of Bata factory are covered by the Act of 1948 or not. The learned single Judge, after relying on the decision of the Apex Court in the case of Hyderabad Asbestos Cement Products Ltd. v. Employees' Insurance Court and another, held that they were covered by the Act of 1948, and, therefore, the learned single Judge dismissed the writ petition.
(3.) Mr. Moitra, the learned counsel, for the E.S.I, authorities, submits that the aforesaid Act of 1948 seeks to cover all the outlets of Bata Factory in Calcutta though the same is not governed by the provisions of the Act of 1948.;