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2016 Supreme(Ker) 339

Regional Director, E. S. I. Corporation – Appellant
Versus
Thankamma Baby, Proprietrix – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Thomas Mathew Nellimoottil
For the Respondent: Sri. Joseph Kodianthara, Sri. Mathews K. Uthuppachan

JUDGMENT :

Anil K. Narendran, J.

Insurance Appeal No. 63 of 2009 arises out of the judgment of the Employees Insurance Court, Alappuzha dated 29.6.2009 in I.C. No. 35 of 2006 and Insurance Appeal No. 64 of 2009 arises out of another judgment of the said court dated 29.6.2009 in I.C. No. 25 of 2004. In both the appeals filed on behalf the Employees State Insurance Corporation (hereinafter referred to as 'the appellant Corporation') under Section 82(2) of the Employees State Insurance Act (hereinafter referred to as 'the ESI Act') common questions of law are raised, which read thus;

"A. Whether the Insurance Court was justified in declaring that the persons doing assembling work of umbrellas outside the factory premises will not come within the purview of 'employee' as defined in Section 2(9) of the ESI Act?

B. Whether the Insurance Court was justified in declaring that the wages paid to the persons doing assembling work of umbrellas outside the factory premises do not constitute 'wages' as defined under Section 2(22) of the ESI Act?

C. Whether the principal employer is liable to pay contribution in respect of the employees employed through the immediate employer for the purpose of assemb











































































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