IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 Ins.APP.No. 40 of 2008(A) ----------------------------- IC.55/2005 of ESI COURT, PALAKKAD .................... APPELLANT/APPLICANT -------------------------------- M/S.KUTTY HASSAN KUTTY & COMPANY, P.B.NO.808, COURT ROAD, PONNANI - 679 583. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.ANIL D. NAIR RESPONDENTS: RESPONDENT ----------------------------------- ESI CORPORATION, NORTH SWARAJ ROUND, THRISSUR - 20. BY S.C. SRI. P. SANKARANKUTTY NAIR FOR ESI CORPN. THIS INSURANCE APPEAL HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = INS.APPEAL NO. 40 OF 2008 = = = = = = = = = = = = = = = Dated this the 5th day of September, 2008. J U D G M E N T This appeal is preferred against the order of the Employees Insurance Court, Palakkad in I.C.55/05. The appellant before me is an authorised dealer of Bharat Petroleum Corporation for its petroleum products like petrol, diesel and other allied items. It is submitted that no manufacturing process is carried on and therefore it will not come under the definition of the manufacturing process contemplated under Section 2(12) of the E.S.I. Act or the definition of manufacturing coming under S.2(k) of the Factories Act. Learned counsel for the appellant further contends that this is a petrol pump where petrol is bailed out by another method also by employing human agency and therefore certainly it will not come under the ambit of the manufacturing process. This question has been considered by the Courts and it has been held that disposing of petrol and diesel with the aid of power is covered under the Ins. Appeal 40 OF 2008 -:2:- definition of manufacturing, hence covered by the Act. This view has been taken by the Allahabad High Court in Qazi Noorul Hasan Hamid Hussain Petrol Pump v. Deputy Director E.S.I. Corporation, Kanpur (2003 LLR 476). In the light of this decision, just because petrol is bailed out by manual process also does not seem to be a different one. Ordinarily petrol and diesel are bailed out using power and only when there is a power failure the manual process is resorted to. I do not think that there is any petrol pump now in our country which bails out petrol by manual process whenever electricity is available. Therefore I do not find any ground to entertain the argument that it will not come under the manufacturing process or manufacture as contemplated under the E.S.I. Act or under the Factories Act. Therefore, the appeal is devoid of merits and it is dismissed. M.N. KRISHNAN, JUDGE. ul/-