1. Substantial question of law involved in this appeal is as follows :

"Whether the exemption granted vide Government Notification, issued under section 88 read with section 91A of the Employees’ State Insurance Act, 1948, in respect of establishment of the Apex body of a Cooperative Marketing Federation Limited, would be applicable and valid so as to claim exemption from payment of Employees State Insurance (ESI) contribution in respect of other units of the Co-operative Marketing Federation ?"

2. By consent, the appeal is finally heard at stage of admission.

3. The appellants filed an application under section 75 read with sections 77 and 78 of the Employees’ State Insurance Act, 1948 (hereinafter referred to as "the ESI Act"), before the Industrial Court, Aurangabad. The applicant No. 1 is a registered Cooperative Society under the Maharashtra Cooperative Societies Act, 1960 and the appellant No. 2 is a unit dealing in manufacturing of granulated fertilizers at its factory situated within the industrial area of Chikalthana (Aurangabad). They asserted that the appellant No. 2 is not required to contribute for ESI amount under the ESI Act in as much as the State of Maharashtr