EMPLOYEES STASTE INSURANCE CORPN Vs. TECHNICO

JUDGEMENT

(1.) This appeal under Section 82(2) of the Employees' State Insurance Act, 1948 (for short the Act) is directed against the judgment and order passed by the learned Judge, Employees Insurance Court at Guwahati on April 18, 1994 in E.S.I. Case No. 3 of 1993.

(2.) The case of the respondent employer Technico is that, prior to 1980 they used to employ more than 20 persons and as such they were contributing towards the E.S.I. Scheme. Subsequently, as more Gas Agencies were opened, the work force was reduced to 13/14 employees and accordingly, they informed the authority that they are not liable to pay any contribution under the Act. They however, admitted that occasionally they engage some labourers for delivery of Gas cylinder on charge of Re. 1/-per cylinder.

(3.) The case of the appellant E.S.I. Corporation is that, the commission basis workers, that is thelawalas are also the employees of the petitioner and if their numbers are added to the regular employees, the employer Technico is liable to contribute.