Andhra Pradesh High Court
Judges : P.RAMACHANDRA RAJU, PUNNAIAH
E.S.I.Corporation through its Regional Director Hyderabad - Appellant
Versus
A.P.State Co-operative and Marketing Federation Ltd., Jambagh, Hyderabad General Manager. - Respondent
Decided On : 09-28-84
EMPLOYEES STATE INSURANCE ACT, 1948 - SHOPS - HEAD OFFICE OF A STATE CO-OPERATIVE MARKETING FEDERATION - WHETHER IT ANSWERS THE DESCRIPTION OF A "SHOP" - INTERPRETATION OF THE TERM "SHOP" - EMPLOYEES WORKING IN THE HEAD OFFICE - WHETHER COVERED UNDER THE ACT.
Fact of the Case:
The Head office of the A P State Co-operative Marketing Federation Limited (the Federation) was located at Jambagh, Hyderabad. The Federation had various divisions, including the General Division, Engineering Division, Procurement Division, and Fertilisers Division. The General Division consolidated accounts pertaining to the District Centres or Branches and the Head Office. The Engineering Division attended to the technical and civil aspects of the factories owned by the Federation. The Procurement Division handled the procurement of rice and pulses. The Fertilisers Division purchased and marketed fertilisers. The Federation also sold sugar as an agent of the Government.
Finding of the Court:
The court held that the Head Office of the Federation did not answer the description of a "shop" within the meaning of the G.O. issued under Section 1(5) of the Act. The court found that the activities carried out in the General Division, Engineering Division, and Fertilisers Division did not fall within the definition of "shop". However, the court held that the Procurement Division, where sales of sugar and rice were made against cash, came within the meaning of "shop".
Issues: 1. Whether the Head Office of the Federation answers the description of a "shop" within the meaning of the G.O. issued under Section 1(5) of the Act? 2. Whether the employees working in the General Division, Engineering Division, Procurement Division, and Fertilisers Division are covered under the Act?
Ratio Decidendi: 1. The court interpreted the term "shop" in the context of the G.O. issued under Section 1(5) of the Act. The court held that the term "shop" should be given its ordinary meaning, which is a place where goods are sold by retail and stored for sale or where articles of commerce are dealt in. 2. The court examined the activities carried out in each division of the Federation to determine whether they fell within the definition of "shop". The court found that the activities in the General Division, Engineering Division, and Fertilisers Division did not involve the sale of goods or the rendering of services to customers. Therefore, the court held that these divisions did not come within the meaning of "shop". However, the court found that the Procurement Division, where sales of sugar and rice were made against cash, did come within the meaning of "shop".
Final Decision: The court dismissed the appeals filed by the Corporation and allowed in part the appeals filed by the Federation. The court declared that the 63 persons working in the Fertilisers Division did not answer the description of "employees" who could be covered under Section 38 of the Act. The court dismissed the appeals regarding the rest and concerning the 94 persons in the Procurement Division.
( 1 ) THESE four are connected appeals filed under Sec. 82 of the employees State Insurance Act, 1948 (hereinafter called the Act ). They raise a common question whether the Head office at Jambagh, Hyderabad of the a P State Co-operative Marketing federation Limited (hereinafter called the federation ) answers the description of a shop within the meaning of G 0 Ms. No 297, Health, dated 25th March, 1975 issued under Sub-section (5) of sec 1 of the Act. The said notification extended with effect from 30th March, 1975, all the provisions of the said Act to the classes of establishments specified in Column (1) of the Schedule mentioned therein in the areas specified in Column (2) thereof. In terms of the said notification. shops where twenty or more persons are employed for wages on any day of the preceding twelve months situated within the municipal limits of the corporations of Hyderabad and Secunderabad and Secunderabad Cantonment are brought within the purview of the Act. The federation, besides its other activities which will be shortly noticed, owns a rice bran oil factory (solvent extraction factory) at Vijayawada; one groundnut solvent extraction factory each at Karimnagar and Anantapur, a Cotton Ginning press at Adilabad and a Feed Mixing plant at Nandyal in Kurnool district. The factory at Vijayawada is Covered by the Act which applies to Vijayawada area. The act, however, does not apply to Karimnagar, anantapur, Adilabad and Nandyal areas. In the Head Office of the federation, there are four divisions namely; (1) the General Division attending to the consolidation of accounts pertaining to the District Centres or Branches and the head Office; (2) the Engineering Division attending, on the technical side, to the mechanical, aspects of the factories, ewned by the Federation and, on the civil side, to the construction of the godowns of the Federation etc. , (3) the procurement Division: and (4) Fertilisers division, 118 persons in the General division, 50 persons in the Engineering division, 94 persons in the Procurement division and 63 persons in the Fertilisers division were found to be working in the head Office. Pursuant to the G 0 aforesaid a demand for Rs 13,125/-was issued on 30-4-1976 by the E S I Corporation (hereinafter called the corporation ). The Federation questioned the demand before the Insurance Court under Sec. 75 of the Act in E l Case No 21/76. The Employees Insurance Court, by its order Ex R-1 dated 20-7-1976, held that the Head Office of the Federation answers the discription of the word "shop" occurring in the G O. , but, non-the-less, set aside the demand and directed the Corporation to determine the exact amount of employees contribution payable by the Federation after going through the relevant wages registers and after identifying the employees coverable under the Act with reference to their salaries. The Insurance inspector subsequently visited the Head office on 23-7-1977 and prepared the report Ex. R 2 dated 25-7-1977 for the period from 30-3-1975 to 30-6-1977. The Corporation by its letter dated 3-9-1977, demanded the payment of Rs. 22, 777-21p as contribution for a certain period from 30-3-1975. By another notice dated 24-9-1977, the Corporation made an adhoc assessment under Sec 45-A of the Act, demanding the payment of Rs. 71,091-12p for the period subsequent to 29-11-1975. There was some dispute that there was over-laping of periods in the two demands, but it is now common ground that the correct amounts involved in the demands are respectively rs. 20,520-21 p covered by the demand dated 3-9-1977 and Rs. 71,091-12p. covered by the latter demand dated 24-9-1977. The Federation applied before Employees Insurance Court in e I Case No. 78-77 to set aside the demand dated 3-9-1977 and E I Case no 77/77 to set aside the demand dated 24-9-1977. The learned Judge of the employees Insurance Court, by the impugned order, declared that only such of the employees wor
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