THE EMPLOYEES’ STATE INSURANCE ACT, 1948 COMMENTS (i) Merely being employed in connection with the work of an establishment, in itself, does not entitle a person to be an "employee"; he must not only be employed in connection with the work of the establishment but also be shown to be employed in one or other of the three categories mentioned in sub-section (9) of section 2; Managing Director, Hassan Co-operative Milk Producer's Society Union Limited v. Assistant Regional Director, Employee's State Insurance Corporation, AIR 2010 SC 2109: JT 2010 (4) 240: (2010) 4 SCALE 337. (ii) Canteen workers are "employees"; Employees' State Insurance Corporation v. Shri Ram Chemical Industries, (1978) 2 LLN 227 (Raj). (iii) Employees who are working in a showroom or sales office of a concern are "employees"; Bhopal Motors (Pvt.) Ltd. v. Employees' State Insurance Corporation, (1982) 2 LLN 827 (MP). (iv) Workers rendering services outside the place of establishment or shop are "employees"; Hindu Jea Band v. Regional Director, Employees' State Insurance Corporation, 1986 LLR 95. (v) Part-time employees employed on daily rate basis are "employees"; Hindu Jea Band v.Regional Director, Employees' State Insurance Corporation, 1986 LLR 95. (vi) Casual workers are "employees"; Regional Director, Employees' State Insurance Corporation v. South India Flour Mill (Pvt.) Ltd., AIR 1986 SC 1686. (vii) Members of a co-operative society are "employees"; Kunnathund Chalakudy Sankethika Co-op. Society Ltd. v. Employees' State Insurance Corporation, (1989) 2 LLJ 27 (Ker). (viii) "Casual employee" employed by intermediate employer is an "employee"; Employees'State Insurance Corporation v. Suresh Trading Company, (1989) 59 FLR 137 (Ker). (ix) "Employee" includes any person employed for wages on any work connected with the administration of any establishment or branch thereof; Employees' State Insurance Corporation v. Management of Rajashri Pictures (Pvt.) Ltd., (1990) 61 FLR 251 (Gau). (x) Employees engaged by the contractor in connection with the work of a factory or an establishment are liable to be covered under this Act; Employees' State Insurance Corporation v. Vijayamohini Mills, (1990) 76 FJR 246 (Ker). (xi) An apprentice who is mere trainee for a particular period for a distinct purpose is not "employee"; Employees' State Insurance Corporation v. Tata Engineering & Locomotive Co. Ltd., AIR 1976 SC 66. (xii) The free lancer such as an electrician or a carpenter is not "employee"; Modern Equipment Co. v. Employees' State Insurance Corporation, (1984) 2 LLN 560. (xiii) A partner is not "employee"; Regional Director, Employees' State Insurance Corporation v. Ramanuja Match Industries, AIR 1985 SC 278. (xiv) Managing Director of an incorporated company entrusted by the Board of Directors with specified functions for the specified annual remuneration is an employee and not principal employer; Employees' State Insurance Corporation v. Apex Engineering Pvt. Ltd., (1998) 1 SCC 86. (xv) There cannot be any distinction between the workers employed in the kitchen and those in the hotel; A.I.I.T.D.C. Employees Union v. Hotel Ashok, 1984 Lab IC (NOC) 107 (Karn). (xvi) Workers employed in a hospital attached to the factory are coverable under this Act; Regional Director, Employees' State Insurance Corporation v. Manager, Associated Cement Co. Ltd., AIR 1979 NOC 145 (Karn). (xvii) Tailoring of clothes is a "manufacturing process"; Vasanti Mahendra Kumar Shah v. All India Handloom Fabrics Mktg. Co-op. Society Ltd., 1985 Lab IC 1104 (Guj).