JUDGMENT

DUTT, J.:— Civil Appeal No. 801 of 1976 and Civil Appeal No. 819 (NL) of 1976 have been preferred by Special Leave by the Employees State Insurance Corporation, hereinafter referred to as ESI Corporation. The ESI Corporation has also filed Special Leave Petitions Nos. 1143-1145(NL) of 1978. These appeals and the Special Leave Petitions raise a common question of law and, as such, they have been heard together. Indeed, by an order of this Court the Special Leave Petitions were directed to be heard along with Civil Appeal No. 801 of 1976. Before we indicate the question of law we may state a few facts.

2. In Civil Appeal No. 801 of 1976, the respondent company, South India Flour Mills (P) Ltd., is engaged in milling wheat into wheat products in its flour mill. It is not disputed that the mill of the respondent company is a factory within the meaning of the Factories Act, 1948. In or about the middle of 1964, the respondent company commenced the construction of another building in the compound of the existing factory for the expansion of the factory and engaged workmen for such construction on daily wage basis. The ESI Corporation called upon the respondent company to make con