JUDGMENT :

R. BANUMATHI, J.

Short point falling for consideration in this appeal is whether kitchen of the appellant-club and catering section thereon come within the meaning of “factory” and “manufacturing process” as defined in Employees’ State Insurance Act, 1948 (for short ‘ESI Act’).

2. The appellant-Delhi Gymkhana Club is a member club, duly registered under the Companies Act. Appellant club has a kitchen to cook food items to provide food and refreshment to its members. On 20.03.1975, a notification was issued by the Delhi Administration, in exercise of the powers conferred under Section 1(5) of the ESI Act, stating that the provisions contemplated under the Act shall be extended to the establishments specified in the Schedule thereon. In furtherance of the said notification, the respondent-ESI Corporation sought to apply the provisions of the Act on the appellant-club, on the ground that the preparation of food items amounts to “manufacturing process” and that the appellant–club is a factory/establishment covered under the provisions of the ESI Act. After issuing the show ca