Ramachandra Ayyar, C.J.

This is an appeal by an employer under S.82(2) of the Employees' State Insurance Act, 1948, against an order passed by the Employees' Insurance Court (District Judge, Madurai) directing him to pay contribution in respect of certain persons. The appellant owns a textile mill in Madurai and the employees concerned in the case are gardeners, building workers, office-attender, watchman, etc. The substantial question before the lower Court was whether these persons were employees within the meaning of the Employees' State Insurance Act, so as to oblige the employer to contribute for their provident fund. That question which has been answered by the lower Court against the appellant depends upon the construction of the term "employee" given in S.2(9) of the Act which runs thus :

"'Employee' means any person employed for wages in or in connexion 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, the factory or establishment whether such work or establishment whether such work is done by the employee i