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1999 Supreme(SC) 1327

M.B.SHAH, J.JAGANNADHA RAO, S.B.MAJMUDAR
Transport Corporation Of India – Appellant
Versus
Employees State Insurance Corporation – Respondent


Judgment

S.B. Majmudar, J.-The Transport Corporation of India, which is a public limited company, incorporated under the Indian Companies Act, 1956, has brought in challenge the decision of Division Bench of the High Court of judicature at Bombay, on grant of special leave to appeal. The question posed for our consideration in this appeal moved against the Respondents-Employees’ State Insurance Corporation and its officers is a short one. It is the contention of the appellant that even though its head office, being a registered office, situated at Secunderabad in the State of Andhra Pradesh, was covered by the provi­sions of the Employees’ State Insurance Act, 1948 (hereinafter re­ferred to as ‘the Act’), its branch office located at Bombay in the State of Maharashtra, was not governed by the provisions of the Act. According to the appellant, the notification issued by the State of Andhra Pradesh, in exercise of its powers as an ‘appropriate Govern­ment’ under Section 1(5) of the Act extending the same to road motor transport establishments, cannot by itself, cover the appellant’s branch at Bombay during the relevant time when the State of Maharash­tra had not issued any such notifi

























































































































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