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1986 Supreme(Cal) 460

Umesh C.Banerjee
Calcutta Electric Supply Corporation (India) Ltd. – Appellant
Versus
Employees State Insurance – Respondent


Advocates Appeared:
P. K. Dutt, Bhaskar Gupta, A. N. Roy for petitioner;
Moitra for respondent.

ORDER:

A short but an interesting question of law viz, whether the employees of the contractors engaged by the Calcutta Electric Supply Corporation can be termed to be covered under the provisions of the Employee's State Insurance Act 1948, falls for determination in this writ petition.

2. In order to appreciate the contentions a brief reference to facts would be convenient at this stage Calcutta Electric Supply Corporation is a licensee within the meaning of the Indian Electric Act 1910. As a licensee there are certain obligations on the part of the Calcutta electric Supply Corporation for the purpose of supply of electrical energy to its consumers. In order to effectively discharge its obligation under the Statute, maintenance of overhead lines is in the normal process a bounden duty of the Calcutta Electric Supply Corporation. The licensee, being the Calcutta Electric Supply Corporation, instead of doing it departmentally engages various contractors for maintenance of the overhead lines as also for excavation and laying of underground cables. This bas been the standard practice of the Calcutta Electric Supply Corporation From about 19-5-76 the Employees' State Insurance Authority,
























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