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1975 Supreme(AP) 246

S.MADHUSUDAN RAO, A.V.KRISHNA RAO, A.SAMBASIVA RAO
Hyderabad Asbestos Cement Products Ltd. – Appellant
Versus
Employees Insurance Court (Industrial Tribunal), Ramkotl, Hyderabad rept. by its Judge – Respondent


A. V. KRISHNA RAO, J.

( 1 ) THIS Full Bench has been constituted to hear the writ peticlon by reason of an order of reference made on the 25th of november, 1974 by the Hon ble the chief Justice and Punnayya, J. The order of reference states :"in view of the conflicting views expressed in two different Bench judgements of this Court in E. S. I. Corporation V. Sri Kr shna Bottlers (P) Ltd. . (1974 (l)A. P. L. j 409 (1974)11 An W. R. 59) and in. M. A. No. 187/71 dated 8-8-72 (unreported) and also in view of the conflicting views between some High courts and this Court, we consider that this wrls petition should be posted before a Full Bench of three Judges for disposal. "

( 2 ) IN the Writ petition the petitioner prayed that the High Court may be pleased to Issue an order, direction or a writ particularly one in the nature of mandamus directing the 1st respondent, the Employees. Insurance Court, Hyderabad to refer a question of law for the decision of the High Court under Sec. 81 of the Employees State Insurance Act, 1948 (hereinafter referred to as the Act ) I. e. whether the employees working in Establishments which are not factories with in the meaning of Sec. 2 (12) of the Act can

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