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2004 Supreme(SC) 764

A.K.MATHUR, N.S.HEGDE
Employees State Insurance Corporation – Appellant
Versus
Hyderabad Race Club – Respondent


JUDGMENT

Santosh Hegde, J.-These two appeals arise out of a common judgment of the High Court of Judicature, Andhra Pradesh at Hyderabad made in a statutory appeal filed under Section 83(2) of the Employees State Insurance Act (the Act). The appellant-Hyderabad Race Club (the Club) in C.A.No. 4687/99 is aggrieved by the finding of the High Court whereby the appellant was held to be an establishment for the purpose of the Act whereas its contention before the authorities below including the High Court was that it was not in establishment covered by the Act.

2. The grievance of the appellant- Employees State Insurance Corporation (the Corporation) in C.A.No. 4686/99 is that the High Court having come to the conclusion that the Hyderabad Race Club is an establishment under the Act erred in reducing its liability and holding that the demand made on the said club for contribution for the period between 1975 to 1986 was unreasonable because the law at that time on this point was uncertain. In this appeal, the appellant contends that the same cannot be a ground for exempting an establishment of its statutory liability once it is held that the establishment comes under the purview of the Act










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