REGIONAL DIRECTOR KARMACHARI RAJYA BIMA NIGAM INDORE v. M P STEEL FABRICATORS RAIPUR
1986-01-16
P.C.PATHAK
body1986
DigiLaw.ai
JUDGMENT : ( 1. ) THIS appeal is under Section 82 of the Employees State Insurance act, 1948, against Order dated 28-8-1980 passed by Insurance Court (Labour Court), raipur in case No. 6 E. S. I. 80. ( 2. ) THE respondent submitted a dispute before the Insurance Court seeking a declaration that the respondent concern is located out of the municipal limits of Raipur and as such the Employees State Insurance Act is not applicable to it with effect from 6-3-1977. Yet another prayer was that from January 1977 since 20 workers are not employed, the said act is not applicable. ( 3. ) THE appellant Regional Director submitted a reply opposing the application. It was submitted that from 1-1-1977 there were 20 or more than 20 employees employed in the establishment of the respondent, the Act is, therefore, applicable to it with effect from 1-1-1977. It was also submitted that on 1-1-1977, the respondents establishment was within the municipal limits and once the scheme of the Act is applicable, subsequent delimitation of the municipal limits will not take out the establishment from the applicability of the scheme. ( 4. ) THE Court below by its impugned order held that the respondent concern prior to 6-3-1977 was within Raipur Municipal limits. However, after publication of notification dated 21-2-1977, in M. P. Rajpatra dated 6-3-1977 the boundary of the raipur Municipal Corporation was altered with the result the respondent concern is out of municipal limit with effect from 6-3-1977. It was also held that the respondents institution is not liable to carry out the provisions of the Act with regard to contribution of the premium etc. The application was thus partly allowed. The Regional Director, aggrieved by that has filed the present appeal. ( 5. ) LEARNED Counsel for the appellant argued that once the Act applies to concern, it continued to remain operative even if, boundary is altered, in consequence of which the institution goes out of the municipal limits. The submission has no force. The Act is made applicable by a notification. The notification referred to the municipal limits. In my opinion, there is hardly any point of controversy in that. Once the institution goes out of municipal limits, it ceased to be governed by the said Act. The learned counsel for the appellant could not place any decision of any Court which takes a contrary view.
The notification referred to the municipal limits. In my opinion, there is hardly any point of controversy in that. Once the institution goes out of municipal limits, it ceased to be governed by the said Act. The learned counsel for the appellant could not place any decision of any Court which takes a contrary view. ( 6. ) IN view of the foregoing discussion, the appeal fails and is accordingly dismissed without any order as to costs. Appeal dismissed.