RAJASEKHARA MURTHY, J.

( 1 ) THIS appeal arises out of order dated 19. 9. 1979 passed by the Employees' Insurance Court, Bangalore, on an application filed by the appellant herein, under Section 75 (g) of the Employees State Insurance act, 1948, (hereinafter referred to as the esi Act) on ESI Application No. 2/1976.

( 2 ) THE appellant-company, a hotelier, was called upon by the respondent to pay contributions from 1. 4. 1975 to 27. 9. 1975 under the ESI Act in respect of the 82 workmen employed in Hotel East-West, Bangalore. The appellant thereupon filed an application under S. 75 (g) of the ESI Act before the ESI Court, Bangalore, seeking a declaration that its establishment, namely, Hotel east-West, Bangalore, is not covered by the provisions of the ESI Act, and that therefore, they are not liable to make the contributions demanded.

( 3 ) THE ESI Court, by its order dated 19. 9. 1979, dismissed the application and held that the appellant is a 'factory' and is bound to pay the contributions under the act. This appeal is preferred by the appellant against the said order of the ESI court.

( 4 ) IT is contended on behalf of the appellant that the ESI Court erred in holding that the

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