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1996 Supreme(SC) 795

S.P.BHARUCHA, K.RAMASWAMY
Rajakamal Transport – Appellant
Versus
Employees State Insurance Corporation, Hyderabad – Respondent


ORDER

These appeals arise from the order of the Division Bench of the Andhra Pradesh High Court dated February 7, 1985 made in C.M.A. Nos. 868 and 297/81. The admitted facts are that the appellants had engaged hamalis for loading and unloading of the goods undertaken by them for carriage as carriers. The respondent has applied the Employees State Insurance Act, 1948 (Act No. 34 of 1948) (for short, the Act ) to the appellants establishment and called upon them to pay their contribution for the periods mentioned in the notice served on them with interest at 7% thereon. The appellants have disputed the liability and made an application for determination under Section 76 of the Act. The Insurance Court had held that the hamalis are employees within the meaning of Section 2(9) of the Act. Though the appellants collect the charges from the customers and pay the amount to the hamalis at the piece rate for the work they do, they have got supervision of loading and unloading by the hamalis. The hamalis are not appointed or controlled by any other agency. Accordingly appellants are liable to contribute the amount called upon towards the insurance benefit of the workmen under the Ac











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