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2007 Supreme(Bom) 1055

VASANTI A.NAIK
Hotel Shree Vaibhav – Appellant
Versus
Employees State Insurance Corporation – Respondent


Advocates appeared
Mr. Bhoot, Advocate, for the appellant.
Mrs. Maldhure, Advocate., for respondent.
Mrs. Maldhure, Advocate, for the appellant.
Mr. Bhoot, Advocate., for respondent.

ORAL JUDGMENT

Since the parties to these two first appeals are common and since these first appeals arise out of the order passed by the E.S.I. Court, Nagpur, on 30th October, 2006, they are heard together and are being decided by a common judgment.

2. A few facts giving rise to these first appeals and to the controversy involved therein are stated thus; Instead of referring to the parties as appellant and respondent, it would be convenient in this case to mention them as the employer Hotel and the Corporation. The Inspector of the Corporation visited the unit of the employer Hotel on 21/7/1997 and observed that the employer Hotel was engaged in the business of lodging and providing tea, snacks and cold-drinks to the customers. It was further observed by the Inspector, as is stated in the order under Section 45-A of the E.S.I. Act, 1948, that the employer Hotel was using one oven, L.P.G. Cylinder, a fridge, water-cooler and air conditioners to provide services to the customers. It was also observed that the number of employees working with the employer Hotel at the relevant time was eleven. The Corporation believed that the employer Hotel fulfilled the required conditions necessary















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