JUDGMENT - DHANUKA D.R., J.:—M/s. Ritz Hotel of Pune has preferred this appeal against order dated 17th August, 1980 passed by the Employees' State Insurance Court, Pune in Application (ESI/LCP) No. 3 of 1980. By the impugned order, the trial Court dismissed the above referred application and held that the establishment of the appellant was covered by and under the provisions of Employees' State Insurance Act, 1948.

2. Sometime in the year 1961, Ritz Hotel (Vegetarian) was registered under the Bombay Shops and Establishment Act, 1948. At the material time the said hotel employed about 14 to 17 employees. The appellant stores and preserves milk curds in a refrigerator kept in its hotel. The said refrigerator is operated by power with 3 horse power capacity. The milk which is stored in the freeze is used for preparing tea for the customers. The curd which is kept in the freeze is used for preparing buttermilk to be served to the customers or for preparation of kadi (a liquid preparation). No power is used in the kitchen or for any other activity of the hotel. The said refrigerator appears to be like a domestic refrigerator.

3. On 19th November, 1976, the Government of Maharashtra issue

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