1. A question of some importance concerning the application of the Employees' State Insurance Act arises for decision here. That concerns the coverage of the employees of an establishment notified under S.1(5) and since the question may arise quite often it would be better to deal with this question in a little detail though possibly for the purpose of this case that may not be called for.

2. The scheme of the Employees' State Insurance Act is to make it applicable in the first instance to all factories other than seasonal factories. A factory is by itself an establishment. But establishments other than factories are brought within the scope of coverage under the Act only by resort by the appropriate Government to S.1(5) of the Act. The provisions of the Act may be extended by the appropriate Government to any establishment or class of establishments, industrial, commercial, agricultural or otherwise. In Kerala S.1(5) was invoked by the State Government to bring establishments other than factories under the coverage of the Act by a notification. Notice of the intention to bring certain classes of establishments within the scope of the Act on or after 29-3-1975 was given