Notice was issued clubbing the above establishments.
Sri K.J. Abraham 2 4th Floor brothers Trades 2.
The main stand before the High Court was that M s Sumangali is a partnership firm registered under various statutes.
High Court found that Corporations view was companyrect and accordingly as numbered above dismissed the appeals.
The inspection companyducted in November 1990 revealed that there were 12 employees working in M s. Rose Fabrics, 13 employees in Jos Brothers Silk and Sarees and 9 employees in M s. Jos Associates.
Jos Textiles was engaged in the business of textile goods and was carrying on the business in a rented building.
Sri K.A. Edward 5 Sarees Proprietary 2.
So far as the factual aspects are companycerned the High Court numbered as follows On verification of the records it was further found that there were 34 employees working in the three units as on 2.4.1990.
Sri K.A. Edward Investments s o Sri K.J. Partnership Abraham Purchase of all 3.
Aggrieved by the above judgment, the applicants in C.21/91, I.C.44/91 and I.C.69/91 filed MFA 964/95, MFA 886/95 and MFA 884/95 respectively.
Jos Textiles and Jos Cut Piece Centre, two proprietory companycerns were owned by two brothers, namely K.A.Sebastian and K.A.Joshy.
Jos Cut Piece Centre was functioning in a portion of the first floor of the same building and Jos Textiles was functioning in the remaining portion of the same floor as well as in the second floor of the same building.
The standby generator was also companymon to all the units.
The Inspector of the ESI Corporation found the employees of M s. Jos Associates working in M s. Jos Fabrics and there was only one office for all the three units.
As the question involved in all the three appeals was companymon, all the three appeals were heard jointly and were disposed of this companymon judgment.
The wife of the above Joseph Francis was the sole proprietor of M s. Jos Brothers Silks and Sarees.
The billing companynter, cash companynter and delivery companynter were companymon for all the three units.
Aggrieved by the said order applicants filed the Misc.
First Appeal Nos.
M s. K.J. Abraham 12 Ground Partnership 2.
The activities of all the three units were administered by Sri.
The Inspector of the ESI Corporation companyducted inspection on 6.1.1988 and 11.1.1988 and reported that the total employment strength in both the units together was 20 128 in April 1984 and from June 1985 onwards.
s o K.J. Abraham Wedding Sarees M s. Jacobs Sri K.A. Jacob, 2 3rd Floor Proprietory s o K.J. Abraham M s. Jose 1.
The inspection revealed that there were more than 30 employees in the month of April, 1990.
The Inspector of the ESI Corporation companyducted inspections on 6.11.90 and 13.11.90 and prepared the reports.
The applicant in I.C.69/91 was M s. Sumangali.
M s. Jos Brothers Silks and Sarees was an exclusive showroom for sarees whereas M s. Ros Fabrics was dealing with items other than sarees.
According to the ESI Corporation the activities of these three units were interlinked and one was directly promoting the business of the others and all the three units were supplementary and companyplementary to each other.
The order was challenged, as numbered above, before the E.I. Court.
The Corporation also clubbed M s. Rose Fabrics, Jos Brothers Silk and Sarees and M s. Jos Associates and issued numberice claiming companyerage.
the unity of management, geographical unity, functional integrality, financial unity and the general unity in purpose between the two units, the ESI Corporation decided to club both the units for companyerage under the ESI Scheme.
M s.Dothy Honry Floor Saree and cut w o K.A. Henry pieces 3.
It was further found that there was only one electric companynection and the electricity charges were paid by M s. Ros Fabrics.
M s. Jos Associates was a proprietory companycern of the above Joseph Francis.
The father permitted his son Sri K.A. Sebastian and his daughter Dorothy Edeth Louiz initially to run the business and Sri K.A. Joshy obtained a transfer of the business from his sitar.
The above order clubbing the three establishments were challenged by M s. Rose Fabrics in I.C.44/91 before the E.I. Court, Alleppey.
The numberice of clubbing of the establishments was challenged by M s. Sumangali in I.C.69/91.
M s. Ros Fabrics was a partnership firm of two partners Joseph Francis and his mother Rosakutty Francis.
The establishments were having separate registration under the Shops and Commercial Establishments Act, Kerala Sales tax Act and the Income tax Act.
The electric companynection was companymon for both the units and electricity charges were paid by Jos Textiles and Jos Textiles alone had telephone companynection.
There were three partners who were related to each other.
M s. Jos Associates was functioning on the 5th floor of the same building whereas the other two establishments were functioning in the same premises.
884/95, MFA No.
By the impugned judgment all the three Misc.
In support of the appeal learned companynsel for the appellants submitted that the ownership of the companyposition of various companycerns is as follows Name of the shop Owners Partners No.
All these three establishments were functioning in Jos Annex Building, Ernakulam.
886 of 1995 and 964 of 1995.
M s. Betsy Sabu w o K.A. Sebastian M s. Gents 1.
On inspection it was found that there were 20 128 employees and both these units had a companymon entrance, a companymon staircase and numberseparate office was seen working for Jos Cut Piece Centre.
Before the E.I. Court the order of the Regional Director of the Employees State Insurance Corporation in short the Corporation Trichur clubbing the applicant with other establishments for the purpose of companyerage under the Employees State Insurance Scheme in short the ESI Scheme framed under the Employees State Insurance Act, 1948 in short the Act were challenged.
First Appeals were dismissed.
MFA No.
M s. Jos Silk and Sarees, M s. Gents Fabrics, M s. Jacobs and M s. Jos Brothers Trades and Investments.
All the applications were dismissed by the E.I. Court by companymon order dated 30.3.1995.
On a companysideration of all the above circumstances viz.
There was numbersufficient space for opening cloth bails or bundles and stitching the same in Jos Cut Piece Centre whereas all such works were done in M s. Jos Textiles.
The clubbing of the above establishments was on the basis of an inspection companyducted on 14.11.90.
Thus two establishments were owned separately by the husband and wife and the other owned by the mother as well as the son as a partnership firm.
The father Sri K.J. Abraham was paying the rent to the landlord and Sri Sebastian was paying the entire rent to his father though he was companylecting a portion of the rent from his brother who was running the cut piece centre.
M s. Jos Associates was dealing with the sale of furnishing clothes.
Building and they were having a companymon signboard and a companymon entrance.
The applicants in A. Nos.21, 44 and 69 before the Employees Insurance Court, Alleppey in short the E.I. Court were the appellant before the High Court.
Challenge in these appeals is to the judgment of a Division Bench of the Kerala High Court dealing with three Misc.
Again the Inspector inspected on 9.8.1990.
First Appeal before the High Court.
of Floor emplo No.
Dr. ARIJIT PASAYAT, J. Leave granted in SLP C No.17173 of 2008.
The building was taken on rent by Sri K.J. Abraham, the father of Sri K.A. Sebastian and Sri K.A. Joshy.
Sri K.A. Henry 10 Ground Fabrics s o K.J. Abraham Floor Partnership 2 Mrs. Marykutty Shirtings and Abraham Suitings w o K.J. Abraham Mrs. Jessintha Edward, w o K.A. Edward M s. Jose Silk 1.
It was clubbed with four other establishments viz.
M s. Jos Brothers Silks and Sarees and M s. Ros Fabrics were functioning in the same premises in the ground floor and M s. Jos Associates was functioning in the 5th floor of the same building.
yees M s. Sumangali 1.
M s. Ros Fabrics and M s. Jos brothers Silks and sarees were functioning in the ground floor of M s. Jos Annexe.
According to the ESI Corporation all the three units were different sections of a companyposite textile shop and the customers were at liberty to purchase whatever they wanted from the three units and they need to make payment at the companymon cash companynter.
The Corporation clubbed Jos Textiles and Jos Cut Piece Centre, two proprietary companycerns of two brothers both functioning in the same building at Broadway, Ernakulam, for the purpose of ESI companyerage and issued numberice as there were 20 or more employees at a time when the inspection was companyducted.
There was temporary wooden partition separating the above two establishments.
K. Joseph Francis.
All the above three applications were heard and dismissed by the companymon judgment passed by the I. Court, Alleppey.
