P. NATARAJAN, BUSINESS MANAGER, COIMBATORE CO-OPERATIVE MILK SUPPLY UNION LIMITED Vs. EMPLOYEES STATE INSURANCE CORPORATION THROUGH INSURANCE INSPECTOR

JUDGEMENT

(1.) THESE two appeals arise out of a common judgment of the Court of the Employees' State Insurance and the District Judge of Coimbatore. P. Natarajan, Business Manager, Coimbatore, Co -operative Milk Supply Union Limited the respondent in proceedings No. 12 of 1965 before that Court is the appellant in C.M.A. No. 112 of 1971. The petitioner in proceeding No. 3 of 1966 who is an employee of the Coimbatore Co -operative Milk Supply Union Limited is the appellant in C.M.A. No. 113 of 1971. The Coimbatore Co -operative Milk Supply Union Limited is the respondent in both the proceedings.

(2.) THE Employees' State Insurance Corporation (hereinafter called the 'Corporation') filed an application for recovery of employees' contribution of Rs. 2,316 for the period from 1st July, 1962 to 30th June, 1963, against the Coimbatore Cooperative Milk Supply Union Limited (hereinafter called 'the Union') on the ground that the Union was a factory within the meaning of the Employees' State Insurance Act, 1948 (hereinafter called 'the Act'). The appellant in CM. A. No. 113 of 1971 filed an application for a declaration that the Act does not have any application to the Union and the Corporation was not entitled to claim any contribution under the Act.

(3.) THE case of the Union is substantially the same as that of the appellant in C.M.A. No. 113 of 1971.