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TMI Blog1973 (2) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... ts books the Insurance Inspector fund a large debit of about Rs. 9,000 which represented wages paid to certain employees. It is not in dispute and it has never been at any stage that these employees were casual employees engaged for whitewashing and effecting repairs to the factory buildings. The Regional Director issued a demand on the respondent on March 19, 1962 that the employer's contribution in respect of these workers should be paid. Those are all the facts which we know from the record. 2. The term "employee" as defined by Section 2(9) read by itself appears to us to be wide enough to cover casual employees as well. A person will be an employee, if he is employed for wages in or in connection with the work of a factor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and employment injury and certain other matters. The provisions in Chapter II deal with setting up of Employees' State Insurance Corporation and its administration and Chapter III, with finance and audit of the Corporation. 4. Section 38 in Chapter IV dealing with contribution, says that subject to the provisions of the Act, all employees in factories or establishments to which the Act applies shall be insured in the manner provided by the Act, all employees in factories or establishments to which the Act applies shall be insured in the manner provided by the Act. The contribution payable under Section 39(1) is of two-fold liability that is to say both the employer as well as the employee are liable to pay contribution to the Corporati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver in respect of sickness. Not merely this supposing a person was casually employed in a factory just for a day could it be the intention of the Act that only on account of that he is bound to insure himself and the employer and employee should make their respective contributions? Could it be also the intention of the Act that in such a case even though the period of employment is only one day or on casual basis, the casual employee because he has insured himself and made contribution for a day would be entitled to sickness benefit, maternity benefit and other benefits and if so, for how long? 6. It seems to us that taking a practical view of the question, it does not appear to be the intention of the Act and casual employees should be br ..... X X X X Extracts X X X X X X X X Extracts X X X X
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