Judgement

BACHAWAT, J. : The question in issue in these appeals is whether certain employees of the Nagpur Electric Light and Power Co., Ltd., are employees within the meaning of S. 7(9) of the Employees State Insurance Act. 1948 (34 of 1948). The company and the employees filed two separate applications before the Employees insurance Court under S. 70 of the Act for the determination of the question. Their case is that out of the five categories of staff mentioned in appendices 1 to 5 to the company s petition, those connected with the receiving station and workshop (appendices 1 and 2) were employees within the meaning of S. 2(9), but those connected with the engineering, stores and outdoor work, meter, consumers and allocation departments and administration Appendices 3, 4 and 5) were not such employees. The Regional Director. Employees State insurance Corporations contested the applications, but he admitted that the workers of the categories mentioned in items .5 to 14 of appendix 4 and items 1, 7 and 8 of appendix 5 of appendix 5 were not employees within the meaning of S. 2 (9). The Employees; Insurance Court found that those workers and also the workers mentioned in item 12