1. :- The miscellaneous appeal has been preferred by M/s Shakti Enterprises against the decision of the Employees State Insurance Court, Ajmer dated 7th April, 1983, in ESI Case No. 6 of 1978, under Section 75 of the Employees State Insurance Act.

2. The petition so preferred before the ESI Court is against the demand which was raised against the appellant by the Regional Director, ESI, Jaipur. The first point in dispute was whether the canteen and cycle stand is covered under Section 2(9) of the ESI Act or not ? The second point in dispute was whether the labourers engaged for the construction work of the building or other ancillary parts are covered by the provisions of Section 2(9) of the Act.

3. Mr. Bafna, counsel for the appellant, has vehemently submitted with full force at his command that Section 2(9), which reads as under, does not apply to the labourers engaged for the purpose of construction:

"2(9) "employee" means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and

(i) who is directly employed by the principal employer on any work of or incidental or preliminary to or connected with the work of