BAL CHANDRA AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioners have challenged the decision of the Employees' State Insurance Corporation regarding coverage of the establishment of the petitioners under Employees' State Insurance Act, 1948 in the present writ petition.

(2.) The Petitioner No. 1 as metallurgical engineer having specialized knowledge of metallurgical testing established a firm under the name and style of Petitioner No. 2 for the purpose of carrying on professional work in relating to metallurgical testing of sample of finished goods received from various organisations. It has been stated by the petitioners that the nature of work carried on by the petitioners is purely of testing, inspection, research and consultancy. The said firm of the petitioners is registered under the West Bengal Shops and Establishment Act, 1963 as a "commercial establishment" and the nature of the business shown is of testing of metals and minerals.

(3.) The Deputy Director of Employees' State Insurance Corporation informed the petitioner firm by a written communication that the said establishment of the petitioners would be treated as a 'factory' under section 2(12) of Employees' State Insurance Act, 1948. The petitioner firm, however, raised objection against the aforesaid decision of the Deputy Regional Director on the ground that the petitioner firm is registered under the West Bengal Shops and Establishment Act, 1963 as a "commercial establishment" and the same cannot be treated as a 'factory'.