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1985 Supreme(SC) 347

V.BALAKRISHNA ERADI, O.CHHINNAPPA REDDY, V.KHALID
Osmania University – Appellant
Versus
Regional Director, Employee's State Insurance Corporation, A. P. s – Respondent


Advocates:
ATTAR SINGH, B.R.L.Iyengar, C.V.SUBBA RAO, G.N.Rao, M.S.GUJRAL, R.N.Poddar, T.C.GUPTA, T.C.SHARMA

JUDGMENT

BALAKRISHNA ERADI, J. :— The short question that arises for our determination in this appeal, which has been filed on the basis of a certificate granted by the High Court of Andhra Pradesh is whether the provisions of the Employees State Insurance Act, 1948 are applicable in respect of the employees working in the Department of Publications and Press of the Osmania University. A Division Bench of the High Court has answered the said question in the affirmative differing from the contrary view expressed by a learned single Judge who had allowed a Writ Petition filed by the University. In the light of the said conclusion, the Division Bench set aside the judgment of the learned single Judge and dismissed the Writ Petition. Under clause (4), of Section 1 of the Employees State Insurance Act, 1948 (for short the Act) the Act will apply to all factories including factories belonging to the Government other than seasonal factories. The expression "factory" has been defined in Section 2(12) of the Act in the following terms :-

"2(12) - "factory" means any premises. including the precincts thereof whereon twenty or more persons are employed or were employed for wages on any day of











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