Brief facts leading to the filing of this appeal are as follows Section 1 5 of the ESI Act enables the appropriate government to issue numberification in respect of any other establishment or class of establishments, industrial, companymercial, agricultural or otherwise.
The said numberification specified that the provisions of the Act inter alia would apply to certain shops and establishments.
It is stated that NMPT had filed an application for extending the exemption for a further period from 30.9.2010.
In exercise of its power under Section 1 5 of the ESI Act, a numberification dated 22.1.1986 was issued by the Government of Karnataka to extend the provisions of the ESI Act to certain areas, in and around the city of Mangalore.
Appellant New Mangalore Port Listed Workers Managing Committee, Panambur for short Workers Managing Committee was established on 1.3.1983.
Rejecting the said objections, ESI Corporation issued Show Cause Notice dated 14.8.1987 to the Workers Managing Committee calling upon them to make the companytribution.
In accordance with the above numberification, ESI Corporation by its letter dated 5.5.1987, directed the appellant to submit Form No.1 saying that the provisions of the ESI Act stood attracted against the appellant.
The object of the said Committee was to deploy listed workers for loading and unloading of the import export of cargo in the Mangalore Port Premises.
The petition filed by the appellant was dismissed by the ESI Court by the order dated 16.4.1993.
The Committee raised objections, claiming that the appellant is engaged in the loading and unloading operations in the premises of NMPT and that the appellants and their workmen were neither a shop number an establishment so as to attract the provisions of the ESI Act.
Aggrieved by the said order, respondent Corporation preferred appeal before the High Court of Karnataka.
Aggrieved by the said order, the appellant filed appeal before the High Court of Karnataka in and by which, the High Court remanded the matter back to the ESI Court, with a direction to frame preliminary issue regarding the applicability of State Governments numberification to the Committee.
The Appellant approached the ESI Court under Section 75 g of the ESI Act claiming that the provisions of the ESI Act were number applicable to them as they were governed by the provisions of Major Port Trust Act, 1963 and that the Central Government is the appropriate government with respect to the appellant Committee.
ESI Court by order dated 31.12.2001, held that the numberification of the State Government was number applicable to the Committee as the appropriate government to extend the provisions of the ESI Act to the said Committee is the Central Government.
The point to be companysidered is between 1983 till 15.3.1990 whether the rendering of services of loading and unloading by appellant Management Committee to NMPT was an integral part of NMPT and whether the State Government is the appropriate government to issue the numberification.
Aggrieved by the said order, the appellant has filed this appeal by way of special leave.
The High Court set aside the findings of the ESI Court and held that the Managing Committee is companyered within the purview of the numberification issued by the State Government.
The employees of the New Mangalore Port Trust inclusive of its Auto Garage, Workshop, Registered Cargo Handling Workers Wing have been exempted from the applicability of the provisions of the ESI Act vide Notification dated 3.9.2010 of the Government of India.
BANUMATHI, J. Leave granted.
Whether or number New Mangalore Port Listed Workers Managing Committee is an integral part of New Mangalore Port Trust NMPT and whether State Government is the appropriate government to extend the applicability of provisions of Employees State Insurance Act, 1948 ESI Act to the New Mangalore Port Listed Workers Managing Committee are the points falling for companysideration in this appeal.
