COCHIN STEAMER AGENTS ASSOCIATION Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) DOES the appellant-Association of Steamer Agents come within the purview of the Employees' State Insurance Act, 1948? This is the short question in this appeal under section 82 of the Act, which has been referred to the Full Bench. First, the facts.

(2.) THE appellant is a registered Association consisting of steamer Agents functioning in the Cochin Port. THE appellant-Association has 57 steamer Agents as members on its roll. THE ships/steamers which visit the cochin port require services of Steamer Watchmen to do "watch and ward duty". Earlier the services of Steamer Watchmen were made available to the ships/steamers by "watchmen Contractors". In the year 1981, the labour union raised a dispute regarding the service conditions of the Steamer watchmen who were employed through the contractors. A conciliation meeting was convened by the Assistant Labour Commissioner (Central), Ernakulam. Representatives of the Indian Chamber of Commerce, Cochin and the Cochin chamber of Commerce and Industries, Cochin were also invited to participate in the conciliation talks. A Memorandum of Settlement was signed on 19. 5. 1981 between the watchmen contractors and the labour unions under section 12 (3) of the Industrial Disputes Act 1947. A copy of the memorandum of settlement has been placed on record as Ext. P2.

(3.) HOWEVER on 16. 7. 1991 the appellant was served with ext. P10 notice dated 16. 7. 1991 issued by the Employees' State Insurance corporation (for short, the Corporation) informing the appellant that its activities would come within the purview of the Act. The appellant was therefore directed to take immediate steps for registration of the employees working in the establishment. The appellant approached the Employees' Insurance court contending, inter alia, that it was not an establishment liable to be covered under the Act, and that the Steamer Watchmen engaged by the ships/steamers were not its employees.