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1991 Supreme(MP) 222

T.N.SINGH
Employees State Insurance – Appellant
Versus
Swadesh Daily Newspaper – Respondent


ORDER

T.N. Singh, J.

1. Two appeals are linked up as the crucial question of law agitated in both appeals is a common question of general importance and indeed, the appellant in both appeals is also common. Counsel made oral submissions and written arguments are also filed. By this common order, both appeals are being disposed of.

2. Facts in two appeals being little disparate those are being stated first clearly to avoid confusion. Respondent in M.A. No. 67 of 1984 is a vernacular Daily, published from Gwalior. The management of the Newspaper, hereinafter, the "Employer' has raised a "Dispute" in case No. 48/79 in Employees' Insurance Court, Gwalior, for short, E.I. Court, alleging that to the factory in which the newspaper was printed, the provisions of Employees' State Insurance Act, 1948, for short, the Act, did not apply inasmuch as power was not used in the manufacturing process and the number of workers employed on wages in the factory did not exceed the prescribed minimum of 20. That was decided against the appellant Corporation, for short, the 'Corporation' on 29.1.1982 by the said Court holding the factory not liable to be covered under the Act and the demand of the Corporat



















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