(i) Whether an unaided School/College being run by a Company incorporated under the Companies Act, comes within the purview of the impugned notification?

(ii) Can the teachers and other employees of a School/College being run by such a Company incorporated under the Companies Act or by an individual, be 'employees' within the meaning of Section 2(9) of the ESI Act?

These are the questions of law to be answered in this appeal.

2. One of the appellants, a company incorporated under the Companies Act, running an unaided School following the State Syllabus, and the other appellant, an individual running an unaided college, have come up in appeal by challenging notification G.O. (P) No.135/2007/LBR dated 08.10.2007 issued by the Government of Kerala ('the impugned notification', for short), extending the provisions of the Employees' State Insurance Act, 1948 ('the ESI Act', for short) to educational institutions run by individuals, trustees, societies or other organisations, wherein 20 or more persons are employed or were employed on any day of the preceding twelve months. Challenging C11 and C18 notices issued by the Employees' State Insurance Corporation ('the ESI Corporat