V.SIVARAMAN NAIR, JOHN MATHEW
REGIONAL DIRECTOR, E. S. I. CORPORATION – Appellant
Versus
NARAHARIRAO – Respondent
1. The Regional Director of the Employees State Insurance Corporation, Trichur, is the appellant. The appeal is filed against the judgment of the Employees Insurance Court, Calicut in E.I.C. No. 99 of 1978. The dispute relates to the contribution payable in respect of the temporary/ casual workmen of a covered establishment.
2. The brief facts are the following: The employer is a hotelier. He was the applicant in E.I.C. No 99 of 1978 before the Insurance Court. That application was filed under S.77 read with S.75 of the Employees State Insurance Act (hereinafter to be referred to as the Act) for a declaration that "the persons employed on casual items of work from April 1975 to March 1976 are not employees within the definition of employees under the E. S. I. Act." The consequential declaration sought was to the effect that no contributions were payable in respect of such employees.
3. The controversy arose as a consequence of an inspection conducted by the Insurance Inspector in April, 1976. In his inspection report dated 7-4-1976, which was marked as Ext. D1 before the Insurance Court, the Inspector pointed out that the general ledger-figures relating to wages, and the
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