B. K. SANGALAD, J.

( 1 ) THIS appeal is filed against the order dated october 18, 2000 passed in ESI No. 4/1999 by the learned Judge, E. I. Court, Hubli, allowing the application filed under Section 75 of the ESI Act.

( 2 ) THE respondent is the applicant and the appellant is the respondent before the E. I. Court at Hubli.

( 3 ) TUNGABHADRA Steel Products Ltd. , hospet (hereinafter referred to as 'the Company') is a subsidiary of Bharat Tantra Nigam Ltd. , allahabad. It is a joint undertaking of the government of India and the Governments of karnataka and Andhra Pradesh and it is being incorporated under the provisions of the companies Act. The Company has been engaged in design fabrication, erection and manufacturing of various types of gates required for river valley projects with other activities and it has employed about 990 employees. For three years prior to approaching the E. I. Court, it is stated that the financial position of the company was bad and the profit margin of the Company was just marginal. The company suffered a power cut of the KEB to the extent of 80%. A comprehensive wage revision took place during march 1996. On account of this, the company had to undertake

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