This Appeal has been preferred by the Employees State Insurance Corporation, which is the opposite party in O.A.No.1 of 1998 on the file of the Principal Senior Civil Judge, Kurnool.

2. The respondent herein filed the Application under Section 75 of the Employees' State Insurance Act, 1948 (for short 'E.S.I. Act') against the opposite party to declare that the order of demand, dated 16-09-1997 calling for the contributions for the period from 26- 03-1978 to 31-03-1993 is null and void and for consequential injunction restraining the opposite party from acting on the show cause notice, dated 16-09-1997.

3. The Applicant filed the Application by contending that the notice is null and void and it is not covered by the provisions of the E.S.I. Act, therefore, the respondent is not liable to pay the contribution under the said Act. The lower Court accepted the said contention and allowed the Application by declaring that the Applicant is not covered by the provisions of the E.S.I. Act and it is not liable to pay contribution under the Act. Being aggrieved by the said order, dated 25-10-2002, the present Appeal has been filed by the opposite party.

4. The Application was filed bef