Employees’ State Insurance Act, 1948 – s.1(5) – Notifi cation dated 06.09.2007 issued in terms of the power conferred u/s.1(5) –High Court held that the provisions of the 1948 Act will be applicable to the respondent w.e.f. 06.09.2007 and not from 22.11.2002 – Legality: Held : Respondent would be covered under the Act in terms of the Notification dtd.06.09.2007 issued by the Government of Kerala covering medical institutions including pathological laboratories from that date, where 20 or more persons were employed – The Notification was issued in terms of the power conferred u/s.1(5) of the Act in consultation with the Corporation and with the approval of the Central Government – If the pathological laboratories were already covered under the Act, as urged by the appellant-Corporation, there was no occasion to issue such a notification – Order passed by the High Court is in terms of the aforesaid notification directing coverage of the respondent establishment from that date onwards, as undisputedly, 20 or more persons were found to be employed in the establishment – Appellant argued that the respondent would fall within the term “shop” and the same is covered in terms of the notification dtd. 27.05.1976 –The argument that the respondent should be deemed to be covered in terms of the said notification r/w the Circular dtd. 22.11.2002, rejected – Appeal dismissed.[Paras 10, 12-16]
Employees’ State Insurance Act, 1948 – ss.1(4), 2(12), 14(AA) – Respondent establishment, a pathological laboratory if covered u/s.1(4) providing that the Act shall apply to all factories (including factories belonging to the Government) other than seasonal factories: Held : No – The term “factory” has been defined u/s.2(12) – “manufacturing process” has been defined in s.14 (AA) to give it a meaning as assigned to it u/s.2(k), Factories Act, 1948 – Respondent establishment will not be covered u/s.1(4) as it will not fall within the definition of a “factory”, since no manufacturing process is carried on therein. [Paras 7(iii), (iv) and 8]
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