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1974 Supreme(Ker) 244

V.P.GOPALAN NAMBIYAR, P.S.POTI
Regional Director E. S. I. Corporation Trichur – Appellant
Versus
Ruby Rubber Works Ltd Changanacherry – Respondent


JUDGMENT

P. Subramonian Poti, J.

1. An important question relating to the application of certain provisions of the Employees State Insurance Act, 1948 arises for decision in this appeal. Whether the employees in the various sales depots of the respondent concern which is running a rubber factory at Changanacherry come within the scope of coverage of the Employees State Insurance Act, 1948 (in short, the Act) is the question so arising in this case. The respondent in the appeal, the Ruby Rubber Works Limited, filed an application under section 75 of the Act for a declaration that the persons employed in their sales depots were not covered under the Act. Such sales depots are situate in various parts of India. The Regional Director of the Employees State Insurance Corporation (referred to as Corporation hereinafter) called upon the respondent to register such employees too and to pay contribution in respect of them. It was then that the application was filed by the respondent. The claim for such coverage was only for the period from 28th January 1968 on which date the amendment of the definition of the term 'employee' in the Act came into force. According to the Corporation the employe



































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