SHAKTI ENTERPRISES Vs. EMPLOYEES STATE INSURANCE

JUDGEMENT

(1.) THE miscellaneous appeal has been preferred by M/s Shakti Enterprises against the decision of the Employees State Insurance Court, Ajmer dated 7th April, 1983, in ESI Case No. 6 of 1978, under Section 75 of the Employees State Insurance Act.

(2.) THE petition so preferred before the ESI Court is against the demand which was raised against the appellant by the Regional Director, ESI, Jaipur. The first point in dispute was whether the canteen and cycle stand is covered under Section 2(9) of the ESI Act or not ? The second point in dispute was whether the labourers engaged for the construction work of the building or other ancillary parts are covered by the provisions of Section 2(9) of the Act.

(3.) MR . Bafna with all fairness has conceded that after the decision of the Supreme Court in Royal Talkies, Hyderabad v. E.S.I. Corporation : (1978)IILLJ390SC , the question stands finally determined against him and the persons who are working in canteen and cycle stand are covered under the definition of employee given in Section 2(9) of the Act.