Hence this appeal by special leave.
The Employees State Insurance Corporation briefly the Corporation applied to the Employees State Insurance Court at Bangalore briefly the Court for recovery of an amount of Rs.
The premises A and B belong to the partners.
The companyrt decided against the Corporation holding .that the companytractors were number immediate employers within the meaning of section 2 13 of the Act and they were independent company tractors and hence the appellant was number the principal employer in respect of the employees working under the companytractors.
Cutting and dressing of the stones were done by those fifty men.
It is stated that adjacent to his own factory there is another factory situated on the appellants land leased out by him to two persons, Chidambarchari and Shankarsubbachari hereinafter referred to as the companytractors .
Appeal by Special Leave from the Judgment and Decree dated the 14th October, 1966 of the High Court of Mysore at Bangalore in Misc.
Power was used in these machines.
After examining the evidence the High.
The lorry drivers bring granite from the surrounding areas and unload them outside the factory The companytractors get these to their portion of the leased land for cutting them.
The High Court thus accepted the appeal of the Corporation.
After cutting these are sent back to the appellants factory where these are designed and polished and thereafter exported.
After the stones are cut and dressed, they are removed to p remises A for designing and polishing.
The Corporation appealed to the High Court of Mysore against the aforesaid order under section 82 2 of the Act.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Natesan and Saroja Gopalkrishnan, for the appellant Gobind Das and S. P. Nayar, for the respondent.
The respondent in the High Courts judgment refers to the appellant herein.
124 of 1966.
First Appeal No.
Final touches are then given to them in the premises B. They are again brought back to premises A for packing and despatching.
I learnt from the partners those 50 persons had been employed by two or three company tractors.
P. I found that about 50 persons working at the spot.
I found that raw stones were moved to the premises marked B in Ex.
The companytractors employ about 50 workers in their factory for purposes of cutting and dressing the granite stones.
As stated earlier, the High Court answered both the questions in favour of the Corporation.
The appellant claims to directly employ about 35 persons in his factory and has been paying companytri bution under the Act on their account.
1626 of 1967.
The Judgment of the Court was delivered by GOSAMI, J. The appellant and his brother, Srinivasamurthy are partners of a firm carrying on the business of manufacturing and exporting of polished granite memorial stones in the name and style of Messrs Narayanaswami Sons.
The firm is admittedly a factory both under the Factories Act as well as under the Employees State Insurance Act briefly the Act .
There were 1 sand blasting machine belonging to the partners and 2 Electric blower.
