GUMAN MAL LODHA, J. - (1.) THIS is an appeal under Section 482 of the Employees State Insurance Act, 1948 against the order of Shri M.D. Choudhary, Judge Employee State Insurance Court, Jaipur dated 12 -4 -1978.
(2.) MR . Gupta has argued that there is an Executive Engineer for the city of Ajmer, who holds his office in the same building but his office is absolutely independent of the offices of the Assistant Engineers who are heads of their sub -divisions. The Executive Engineers office is a coordinating office and does not do any managerial or administrative work connected with the sub -divisions which is solely done by the Assistant Engineers. The dispute is about the office of the Executive Engineer. The learned Judge has held the Act to be applicable to the office of the Executive Engineer mainly on the ground that the office is situated in the same premises in which the office of Assistant Engineers are located. It is submitted that this can hardly be a consideration and the learned Judge has arrived at a wrong conclusion.
(3.) MR . H.P. Gupta then further argued that the learned Judge should have considered the important facts that the receiving of the electricity at the Grid Sub -station and transmission through the various transformers are done at the several places in open air and people working on these, works are already covered by the Employees' State Insurance Act and so also the staff working in the Assistant Engineers offices which control, manage and administer the work of distribution.;