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TMI Blog1996 (1) TMI 467X X X X Extracts X X X X X X X X Extracts X X X X ..... ated at Secunderabad and Bangalore and the respondent had issued notice under Section 3(9) of the Act calling upon them to contribute their share of the health insurance of the workmen working in the respective regional offices. Disputing the liability, the appellant filed application before Insurance Court under Section 75 of the Act. The Court had held that the appellant's regional offices are covered under the Act and accordingly it directed them to pay their contribution. The High Courts of Andhra Pradesh and Karnataka have upheld the said orders. Hence these appeals by special leave. In point of time, the judgment of the Andhra Pradesh High Court is the earliest rendered in C.M.A. No.593 of 1976. It had followed the decision of this Court in Hyderabad Abestos Cement products Ltd. vs. The Employees, Insurance Court & Anr. [(1978) 2 SCR 3451 and held that the regional offices are established for sale or distribution of the appellant's products, which have their connection to its factory at Deewas and as such the appellant is liable to pay contribution. When similar question had arisen in the Orissa High Court, in Misc. Appeal No.187 of 1982, by an order dated March 5, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... principle of res judicata cannot be applied in the facts of this case, since the entire issue is now at large. Having regard to the respective contentions, the question that arises for consideration is whether the Act applies to the respective regional offices. Section 2(9) of the Act defines "employee" to mean any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and includes any person employed for wages on any work connected with the administration of the factory or establishment or any part, department or branch thereof or with the purchase of raw materials for, or the distribution or sale of he products of, the factory .......(Emphasis supplied), "Occupier" of the factory under Section 2(15) shall have the meaning assigned to it in the Factories Act. "Principal employer" defined in Section 2(17) means, "in a factory, the owner or occupier of the factory and includes the managing agent of such owner or occupier, the legal representative or a deceased owner or occupier, and where a person has been named as the manager of the factory under the Factories Act, 1948, the person so n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings, medical care, and right to security in the event of sickness, disability etc. Article 6 of Internationa Convent on Civil and Political Rights, 1966 assures that every human being has inherent right to life. This right shall be protected by law. Article 7 [b] recognizes the right of everyone of the enjoyment of just an healthy conditions of work which ensures in particular safe and healthy working conditions. The Preamble of the Constitution of India, the Fundamental Rights and Directive Principles constitution Trinity, assure to every person in a welfare State social and economic democracy with equality of status an dignity of person. Political democracy without social and economic democracy would always remain unstable. Social democracy must become a way of life in an egalitarian social order. Economic democracy aids consolidation of social stability and smooth working of political democracy. For welfare of the employees, the employer should provide facilities and opportunities to make their life meaningful. The employer must be an equal participant in evolving and implanting welfare schemes. Article 39 [e] of the Constitution enjoins upon the State to secure health and stre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their human resources. Prevention of occupational disabilities generates devotion and dedication to duty and enthuses the workmen to render efficient service which is a valuable asset for greater productivity to the employer and national production to the State." Interpreting the provisions of the Act in para 33, it was held that the Act aims at relieving the employees from health and occupational hazards. The legal interpretation is not ensure social order and human relations. In Consumer Education & Research Center & Ors. v. Union of India & Ors. [(1995) 3 SCC 42] a three-Judge Bench of this Court held that the jurisprudence of personhood or philosophy of the right to life envisaged in Article 21 of the Constitution enlarges its sweep to encompass human personality in its full blossom with invigorated health which is a wealth to the workmen to earn his livelihood, to sustain the dignity of person and to live a life with dignity and equality. The expression 'life' assured in Article 21 does not connote mere animal existence or continued drudgery through life. It has a much wider meaning which includes right to livelihood, better standard of living, hygienic condition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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