COCHIN SHIPPING CO PAUL ABRAO AND SONS P K MOHAMMAD PRIVATE LIMITED COCHIN Vs. E S I CORPORATION:EMPLOYEES STATE INSURANCE CORPORATION:EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) THE learned counsel for the respondent has, in support of his stand, placed reliance on several decisions of this court and the High courts in which the notification in identical terms has been construed in the way as is suggested on behalf of the Corporation. Although Mr Bobde, learned counsel for the appellant has advanced an argument, which on the face of it, appears to be attractive, I think that in view of the consistent interpretation of the notification which has been followed in the country, the question should not be reopened for fresh consideration. Accordingly, I agree that all these appeals should be dismissed but without costs.

(2.) THE appellant is a company incorporated under the Companies Act. It has its registered office at Jew Town in Mattancherry. It is engaged in the business of clearing and forwarding at the Port of Cochin situated in Willingdon Island. It is authorised to transact its business at the Cochin Custom House under the terms of S. 202 of the Sea Customs Act read with the rules made thereunder and a licence was issued under the said provisions.

(3.) OBJECTIONS were preferred on behalf of the Regional Director, Employees' State Corporation that in view of the notification dated September 18, 1974 supplemented by the other notifications dated December 2, 1974 and 22/03/1975, the appellant's business would fall within the ambit of the said notifications. The government of Kerala issued those notifications with a view to extend benefits to the employees working in other S. of organised labour such as shops and establishments. -