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2008 Supreme(SC) 1085

P.SATHASIVAM, ARIJIT PASAYAT
Sumangali – Appellant
Versus
Regional Director, E. S. I. Corporation – Respondent


Judgment

Dr. Arijit Pasayat, J. —

1.Leave granted in SLP (C) No.17173 of 2008.

2.Challenge in these appeals is to the Judgment of a Division Bench of the Kerala High Court dealing with three Misc. First Appeal Nos. MFA No. 884/95, MFA No. 886 of 1995 and 964 of 1995. By the impugned Judgment all the three Misc. First Appeals were dismissed. The applicants in I.A. Nos.21, 44 and 69 before the Employees’ Insurance Court, Alleppey (in short the ‘E.I. Court’) were the appellant before the High Court. Before the E.I. Court the Order of the Regional Director of the Employees State Insurance Corporation (in short the ‘Corporation’) Trichur clubbing the applicant with other establishments for the purpose of coverage under the Employees State Insurance Scheme (in short the ‘ESI Scheme’) framed under the Employees State Insurance Act, 1948 (in short the ‘Act’) were challenged. All the applications were dismissed by the E.I. Court by common Order dated 30.3.1995. Aggrieved by the said Order applicants filed the Misc. First Appeal before the High Court.

3.The Corporation clubbed Jos Textiles and Jos Cut Piece Centre, two proprietary concerns of two brothers both functioning in the same building at





















































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