This appeal preferred by the Regional Director, E.S.I. Corporation was admitted on the following substantial questions of law:

(A) Whether the coolies/hamalies engaged for loading and unloading goods of the respondent in connection with their business are covered within the scope of the term employee as defined under Section 2(9) of the employee's State Insurance Act and whether the ratio as laid down by the Bombay High Court in the Parle Bottling case would not be binding ratio in view of the Judgment of the Apex Court in the case of Rajkumar Transport and South India Flour Mills case. Whether the ratio laid down by the A.P. Court in E.I.D. Parry case is per incurium considering the ratio laid down by the Hon'ble Supreme court in Rajkamal case?

(B) Whether the E.I. Court has ignored and by passed the basic norm governing coverage of the establishment and the definition of employee as contained in Section 2 (9) of the E.I. Act and the relevant test that if the hamalies/coolies casual employees worked in connection with the work of the establishment they would have to be treated as employees within the meaning of the expression employee as contained in Section 2 (9) of th