REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION Vs. SUVARNA SAW MILLS

JUDGEMENT

(1.) In these three connected appeals filed by the, Bangalore Regional Director of the Employees State Insurance Corporation, under S. 82(2) of the Employees' State Insurance Act, 1948 (hereinafter referred to as the Act against the decision of Employees' Insurance Courts, Mangalore and Bangalore, a Division Bench of this Court has referred a common question of law for the opinion of the Full Bench undep S. 7 of the Karnataka, High Court Act. That question reads as follows: "Whether the casual labourers employed, by the employer-company are "employees" within the meaning of S.2(9) of the E.S.I. Act and whether their employment is an insurable employment within the meaning of S.2(13A) and covered under the Act for the claim of contribution in respect of the wages paid or payable to them?" As pointed out in the order of reference itself, a Division Bench of thus Court, in Regional Director, ESI, Corporation v. Davanagere Cotton Mills Ltd., 1976 (2) Kar.L.J. 400 has already taken the view that the provisions of the Act apply to the casual employees as well. However, the Division Bench, before whom the above matters had come up, after hearing the advocates for the parties, was of the opinion that the earlier decision required reconsideration and accordingly made the reference.

(2.) In all these appeals, the appellant is the Regional Director, Employees' State Insurance Corporation, Bangalore) (hereinafter referred tc as 'the Director1'). In MFA. No. 397/76 M/s. Suvarna Saw Mills, Mangalore, is the respondent and in MFA. No. 493 and 494 of 1976 M/s. Kirloskar Electric Co., Ltd,., Hubli., is the respondent (hereinafter referred to as the employees).

(3.) Sri R. N. Narasimha Murthy, learned Counsel appearing for the employers submitted that the earlier decision of this Court in Devanagere Cotton Mills (1) required reconsideration. In support of his submission he relied on the definition of the words 'benefit period' and 'contribution period' contained in Ss. 2 (2) and. 2 (5) of the Act, respectively, which read as follows; "2. Definitions. ** ** (2) "Benefit period" means such period, being not less than twenty-five but not exceeding twenty-seven consecutive weeks or six consecutive months corresponding to the contribution period, as may be specified in the regulations; ** ** ** ** (5)