Judgment :-

H.L. Dattu, J.

1) These appeals are directed against the judgment and order passed by the High Court of Karnataka at Bangalore, in Misc. First Appeal No.4152 of 2001 and Misc. First Appeal No.1954 of 2002 dated 17.07.2003.

2) Briefly stated the facts are as follows:-

The appellant in Misc. First Appeal is a proprietorship concern and is engaged in the activity of making and selling coffee, tea and other beverages, and also sweets and savories. It is registered under Shops and Commercial Establishments Act. Sometime in the year 1997 and 1998, the appellant had purchased a bottle cooler and also a coffee roaster. According to the appellant, even after such purchase, it had not employed more than 10 or more employees.

3) The appellant also states, that power is being used for operating coffee roaster and bottle cooler. It is its further case, that, since it has not employed 10 or more employees, the provisions of the Employees State Insurance Act, 1948 (hereinafter referred to as `ESI Act) are not attracted to the appellants establishment.

4) The insurance inspector of the ESI corporation had visited the business premises of the appellant on 11.12.1998 and 07.01.1999, and i