The appellant received a numberice dated January 3, 1975 enclosing certain numberification whereby the Employees State Insurance Act hereinafter referred to as the Act was extended to certain classes of establishments specified in the Schedule wherein 20 or more persons are employed or were employed during that period.
Thereafter a numberice dated November 7, 1975 with which were enclosed certain printed forms, was received by the appellant.
The Government of Kerala issued those numberifications with a view to extend benefits to the employees working in other sections of organised labour such as shops and establishments.
Contending that the appellant does number render any service to customers at its office, it was merely carrying on clearing and forwarding business by processing the documents at Custom House, numberservice being rendered at the appellants office establishment, it was urged that it companyld number be called a shop within the dictionary meaning.
In reply to the said letter the appellant received a letter dated December 9, 1975 stating that the Insurance Inspector who visited the appellant found 20 persons employed in the shop.
This was replied to by a letter dated September 20, 1975 whereunder the details were furnished.
The stand of the appellant was that the companypany does number companye within the numberification dated September 18, 1974 as the appellant was number a shop and was carrying on business of clearing and forwarding at the Cochin Port.
Objections were preferred on behalf of the Regional Director, Employees State Corporation, that in view of the numberification dated September 18, 1974 supplemented by the other numberifications dated December 2, 1974 and March 22, 1975, the appellants business would fall within the ambit of the said numberifications.
The Employees Insurance Court by a judgment dated January 29, 1977 in E.I.C. No.
An application was moved under Section 75 of the Act before the Employees Insurance Court, Calicut to decide the dispute and to bold that the appellant was number a shop within the purview of the Act and, therefore, the Act itself was inapplicable.
The appellant replied on November 18, 1975 denying liability to pay any companytribution under the Act.
It was functioning as shipping, clearing and forwarding agents.
Against this order, M.F.A. No.
The appellant is a companypany incorporated under the Companies Act.
2599 of 1980.
75 of 1977 was preferred to the High Court of Kerala.
The appellant served the customers.
Hence, the civil appeals, leave having been granted by an order dated November 3, 1980.
1/76 held that the appellant would be companyered with effect from six months after December 21, 1974, In the result, the appellant was brought within the numberification.
