Rule. First respondent did not make any arrangement for his appearance, although served. Since, he was appearing in person, this Court had passed an order appointing Mr.R.D.Bhatt as Amicus Curaie to assist the Court. With his consent so also of Mr.Mehta, learned Counsel appearing for respondent - Employees State Insurance Corporation (ESIC), Ms.Joil for respondent No.3, petition is taken up for hearing and final disposal.

2. Petitioner is a company incorporated and registered under the Companies Act, 1956. It has a factory at Dombivali (East), where the activities of manufacturing chemicals are undertaken by it. For these activities, it engages direct employees as well as through Contractors.

3. Respondent No.3 is father of one Narayan Vitthal Bhoir (deceased), who was a direct employee of petitioner. He was taken up in employment and worked as an Operator at the factory since 1st April 2001. Petitioner has been registered under the provisions of Employees State Insurance Act, 1948 (ESI Act for short). It has covered the petitioner on and with effect from 10th September 1991 and has been allotted Employer’s Code No.31-25401-90.

4. There was a fire at the factory at