SEN RALEIGH LTD Vs. EMPLOYEES STATE INSURANCE CORPORATION
HIGH COURT OF CALCUTTA
EMPLOYEES' STATE INSURANCE CORPORATION
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Sankar Prasad Mitra, C.J. -
(1.)In our judgment delivered today in Matter No. 175 of 1973 (Cal) (India Jute Co. Ltd. v. The Regional Director, West Bengal Region Employees' State Insurance Corporation) we have held that where the head office and the factory are situate at different places the employees in the head office who are engaged in any type of work specified in Section 2 (9) of the Employees' State Insurance Act, 1948, as it now stands, are 'employees' within the meaning of the Act. In this case it has been urged before us that the head office of Sen-Raleigh Ltd., is in Middleton Row in Calcutta but the factory is in Asansol. The Act applies to Calcutta but not to Asansol. In the circumstances, the employees in the head office who are engaged in any type of work mentioned in Section 2 (9) of the Act would not be employees within the meaning of the Act.
(2.)On behalf o the respondents our attention has been drawn to various notifications issued in the Gazette of India from time to time on the applicability of this Act. On the 1st September, 1948, Chapters I, III and VIII of the Act came into force in all the Provinces in India. The Gazette publication was made on the 31st August, 1948. As we have pointed out in our aforesaid judgment Sub-section (3) of Section 1 in Chapter I of the Act provides that the Act shall come into force on such date or dates as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and 'for different States' or different parts thereof (the words within quotations were substituted by Act 53 of 1951, Section 2, for "for different States".)
(3.)It is pursuant to the above provision that the Gazette Notification of 31 August, 1948, was published. The charging sub-section is Sub-section (4) of Section 1 in Chapter I. It prescribes that that the Act shall apply, in the first instance, to all factories (including factories belonging to the Government) other than seasonal factories.
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