ORDER

1. Heard learned counsel for the parties.

2. This Appeal has been filed against the impugned judgment of the Allahabad High Court dated 24th January, 2003 passed in Civil Misc. Writ Petition No.53564 of 2002. By the impugned judgment, the High Court has dismissed the writ petition filed by the appellant herein.

3. The appellant is running a petrol pump (public retail outlet) for dispensing petrol/diesel. He filed the aforesaid Writ Petition No. 53564 of 2002 in the High Court of Allahabad challenging an order dated 17th October, 2002 issued by the Deputy Director, Employees State Insurance Corporation, Regional Office, Kanpur directing the appellant to make contribution under the Employees’ State Insurance Act, 1948 (for short ‘the Act’) from August, 1993 to May, 2000 and interest on the aforesaid amount failing which recovery shall be issued under Sections 45-C and 45-G of the Act.

4. The short question in this case is whether the appellant is covered by the Act. Section 1(4) of the Act states that the Act, in the first instance, shall apply to all factories. Section 2(12) of the Act provides:

“(12) “factory” means any premises including the precincts thereof—

(a) whereon te