Employees' State Insurance ... vs Ganpathia Pillai And Ors. on 1 August, 1960
There the question arose whether gardeners, office attenders and watchman would be employees within the meaning of the Act, The Court was inclined to take a broader view than the one taken in Employees' State Insurance Corporation v. Ganapathia Pillai, (supra). The Bench came to the conclusion that, even adopting the principle laid down in the earlier decision, for the proper functioning of the factory there should be persons who maintained buildings and that that would be applicable to watchmen, office boys and gardeners. The Bench observed that the factory maintained a garden evidently for the purpose of keeping the factory in healthy surroundings and that there could be little doubt that the maintenance of the garden would be conducive to the health of its manual workers and would also enhance their efficiency and health. It is not necessary for us to go to this extent for the purpose of the present case, as in the case there can be no difficulty in coming to the conclusion that the doctor who is required to be in-charge of the ambulance room under the Factories Act is engaged in a work incidental or preliminary to, or connected with, the work of the factory or establishment.