HYDERABAD ASBESTOS CEMENT PRODUCTS LIMITED UNION CARBIDE INDIA LIMITED FOODS FATS AND FERTILISERS LIMITED Vs. EMPLOYEES INSURANCE COURT:THE EMPLOYEES STATE INSURANCE CORPORATION:THE REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) These appeals raise the same question of law and may be dealt with together and can be disposed of by a common judgment.

(2.) Civil Appeal No. 652 of 1976 is filed by the Hyderabad Asbestos Cement Products Ltd. by certificate granted by the High Court of Andhra Pradesh by an order dated 2nd April, 1976. The appellant company is a factory situated at Sanatnagar where Asbestos sheets are manufactured. The company has Zonal Sales Offices in various States and in the State of Andhra Pradesh they have such Zonal Offices at Vijayawada and Vishakhapatnam. We are concerned with the Vijayawada Zonal Office. There are employees in the Zonal Office who do the work of canvassing for the sale of products manufactured in the factory located at Sanatnagar. It is contended that the Zonal Offices are establishments and are not factories and as such do not fall within the scope of the Employees' State Insurance Act, 1948. The High Court negatived the contention of the appellant.

(3.) Civil Appeal No. 900 of 1977 is by a certificate granted by the Andhra Pradesh High Court to the appellants, M/s. Foods, Fats and Fertilisers Ltd., Tadepalligudem, West Godavari District. The appellant is having a factory at Tadepalligudem in West Godavari District where rice bran oil, alvitone and cattle food etc. are being manufactured. The appellant is also having an administrative and export office at No. 115-B N.S. C. Bose Road, from where rice bran, textile yarn etc. are exported to foreign countries. The administrative work is also carried on in the Madras office in relation to the business of the company. It was contended that the employees of the company at the Madras office are not employees under the Employees' State Insurance Act, 1948. The High Court of Andhra Pradesh following its decision in W. P. No. 2907 of 1974 : (1976 Lab IC 868 (Andh Pra)) against which Civil Appeal No. 652 of 1976 is preferred, dismissed the petition and granted a certificate.