JUDGMENT :

RAJESH BINDAL, J.

1. Order dated 21.08.2008 passed by the High Court of Kerala has been challenged by the Corporation¹ [The Employees State Insurance Corporation] by which the appeal² [Ins. App. No.4 of 2008(A)] filed by the respondent was allowed. It was held that the provisions of the Act³ [The Employees’ State Insurance Act, 1948 (hereinafter ‘the Act’)] will be applicable to the respondent establishment w.e.f. 06.09.2007 and not from 22.11.2002.⁴ [Wrongly typed in the impugned order as 24.11.2002]

2. Briefly stated, as per the facts available on record, the respondent establishment is a pathological laboratory. Inspection of the premises of the respondent was carried out by the Inspector on 01.04.1999. Having found that there were 19 employees working in the establishment, a show cause notice was issued to the respondent. The respondent establishment challenged coverage of the establishment by filing an application under Sections 75 and 77 of the Act before the Employees’ Insurance Court. The Court vide order dated 19.04.2007, passed in I.C. No. 13/2003 declared tha