LexSHRI NARAKESARI PRAKASHAN LTD AND OTHERS versus EMPLOYEES STATE INSURANCE CORPORATION ETC. ETC.
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A B 0 D E F G H 962 SHRI NARAKESARI PRAKASHAN LTD AND OTHERS v. EMPLOYEES STATE INSURANCE CORPORATION ETC. ETC. October 15, 1984 [A.P. SEN AND E.S; VENKATARAMIAH, JJ.] Employee1• State Insurance Act 1948. section 2(9)-_Members of the administrative staff and editorial staff of printing presses-.whether •Employee'. Words and Phrases : "employee'-'any person emplo1ed for wages on any. work connected with the administralion of the factory'-Meaning of. Emp/oyee1' State Insurance Act 1948, section 2(9): ' Interpretation of Statutes-Whe'I can the provisions of an Act be controlled . by the provisions of another Act. The appellants in the appeals were printers and publishers of newspapers. The Assistant Regional Director or the Employee's State Insurance Corporation issued a notice to the appellants on October l. 1975 c3.11ing upon them to make contributions in respect of the ildmioistrative and editorial staff of the news .. papers, with effect from January 28, 1968 on the ground that the aforesaid staff came within the definition of the expression 'employee' in section 2(9) of the Employee'.s State Insurance Act 1948 as amended by the Amending Act No. 44 of 1966. After the aforesaid d~mands were made, the appellants filed applications before the Employees' State Insurance Court under section 75 of the Act questioning the liability to make contribution.s in respect of the said employees during the period between January 28, 1968 and November 19, 1976. They however did not dispute the~ liability in respect of the period subsequent to November 19. 1976 on which date the notification was issued under section 1 (5) by the State Government. -These applications were contested by the Employees' State Insurance Corporation. · The Employees' Insurance Court allowed the applications holc\ing that until the notification under section 1 (S) of the Act was issued by the State Government making the Act applicable to the establishments of the appellants viz. the administrative and editorial sections of the presses, the said employee~ could not be considered as 'employees' as defined by section 2(9) of t~e Act. The Corporation thereupon filed appeals before the High Courts under section 32 of the Act, which were allowed, holding that the employees con .. corned came within the definition given in section 2(9} a~d; therefore, the ·- S. N. PARK:ASllAN v. B.S.I. CORPN. 963 appellants Were liable to make contributions during the relevant period in A respect of them also under the Act. Dismissing the Appeals to this Court, HELD : 1 An examination of the provisions of the Employees• State Insurance Act 1948 indicates that the persons employed for wages in the administrative section and the editorial section of each of the printing presses are employees as defined in section 2(9) of the Act and the demand made by the Employees' State Insurance Corporation is a justified one. [970EJ 2. The object of the Employees' State Insurance Act, 1948 is to provide for certain benefits to employees in case of sickness, maternity and _employment injury and to make provisions for certain other matters in relation thereto. Section 1(4) of the Act provides that it shall apply in the first instance, to all factories (including factories belonging to the Government) other than seasonal factories. Section 1(5) of the Act, however, provides that the appropriate Government, in consultation with the Employees' State Insurance Corporation and where the appropriate Government is a State Government with the appro- val of the Central Government after giving, six months' notice of its intention of so doing by a notification in the Official Gazette, extend the provisions of the Act or any of th.em to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise. The expression 'establish- ment' however was not defined in the Act. [967A~E] 3. Section 2(9) of the Act defines the expression 'employee' to mean any person employed for wages in a factory or any person employed for wages in connection with the work of a factory. It also means any person employed for wages in or in connection with the work of an establishment to which the Act applies. [967HI Jn the instant cases, the members of the administrative staff and of the editorial staff in each of the printing presses have to be treated as employees under section 2(9). They are directly employed by the managem
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