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1976 Supreme(Kar) 178

K.VENKATASWAMI, RANGE GOWDA
REGIONAL DIRECTOR, ESI CORPN – Appellant
Versus
DAVANGERE COTTON MILLS LTD. – Respondent


Advocates:
M.PAPANNA, N.GOVINDA BHAT

( 1 ) THIS is an appeal under S. 82 (2) of the Employees State Insurance Act (referred to as 'aet'), against an order made by the Employees Insurance court (referred to as 'insurance Court'), Bangalore, in ESI Application no. 24/1972. The application has been preferred by the respondent-mill (referred to as 'mills'), under S. 77 of the Act. The appellant is the Regional director of Employees State Insurance Corporation (referred to as 'corporation' ).

( 2 ) THE material circumstances leading to the appeal, briefly, are: the Mills, being a company registered under the Companies Act, is engaged in the manufacture of textile yarn and fabrics, and has been carrying on its business in two factories situated at Davangere and Gadag in the state. The present dispute relates to the demand for payment of special contribution under the Act in respect of wages paid to apprentices and casual employees employed by it. The sum so demanded is Rs. 827 only.

( 3 ) ON behalf of the Mills, the reliefs sought were of a declaratory character and have been set out thus :" (i) casual workmen are not employees under S. 2 (9) of the Act; (ii) Apprentices are not employees under S. 2 (9) of the Act and allow

















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