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Issues: Whether workers employed for construction of additional factory buildings for expansion of the factory, including casual workers, are employees within the meaning of Section 2(9) of the Employees' State Insurance Act, 1948.
Analysis: The definition of employee under Section 2(9) is wide and covers persons employed directly on work incidental or preliminary to or connected with the work of the factory. The provisions relating to contribution under Sections 39(4) and 42(3) contemplate employment for part of a week and therefore include casual employment. Section 51 also shows that casual workers are not excluded from the benefits scheme. Construction of additional buildings for expansion of the factory has a sufficient nexus with the work and object of the factory, being ancillary, incidental, and connected with augmentation of its operations. As a social security enactment, the provision must receive a liberal interpretation in favour of coverage.
Conclusion: Workers engaged for construction of additional factory buildings for expansion are employees under Section 2(9) of the Employees' State Insurance Act, 1948, and the demands under the Act were valid.