Judgment

D.P. Wadhwa, J.-Dissatisfied with the judgment of Delhi High Court holding that the notification dated September 30, 1988 issued under sub-section (5) of Section 1 of the Employees’ State Insurance Act, 1948 (for short, the ‘Act’) was inapplicable to the establishment of the respondent, Employees’ State Insurance Corporation (ESIC) has filed the present appeal after obtaining leave from this Court.

2. Under sub-section (5) of Section 1 of the Act, notification was issued, after complying with necessary formalities, extending the provision of the Act to ‘shops’. It is not disputed that respondent is a shop and that the notification would be applicable to it if other conditions for application of the Act are fulfilled. The notification is as under:

“Delhi Administration

(Labour Department)

Dated : 30.9.1988

Notification

In exercise of power conferred by sub-section (5) of Section 1 of the Employees’ State Insurance Act, 1948 (34 of 1948), read with the Ministry of Labour, Government of India, Notification No. 55.122(2) dated the 14h Dec., 1949 the Lt. Governor of the Union Territory of Delhi in consultation with the approval of the Central Government, and having previously given t