ITALAB GOA PVT LTD Vs. DEPUTY REGIONAL DIRECTOR SUB-REGIONAL OFFICER EMPLOYEE STATE INSURANCE CORPORATION

JUDGEMENT

(1.) THIS appeal by an establishment is directed against an Order passed by the learned Judge, E. S. I. Court, South Goa, rejecting its application under Section 75 of the employees State Insurance Act, (hereinafter referred to as the E. S. I. Act), for a declaration that provisions of E. S. I. Act do not apply to it.

(2.) THE facts which led to filing of this appeal are as under:

(3.) ACCORDING to the appellant, the establishment of the appellant is engaged in the sampling of iron ore and for the above said work the establishment engages chemist, samplers etc. The said employees are employed in the vicinity of a Major Port, namely Mormugao port. Sample boys pickup particulars of samples from the vessels berthed at the harbour, fill the forms, carry the samples to the crushing shades situated in the vicinity of the port and such samples are thereafter sent to the laboratories situated away from the port for testing. The samplers, the assistant samplers and assistants chemist work under the instruction of the chemists.