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2016 Supreme(Bom) 1956

A.S.CHANDURKAR
N. J. Nayudu & Company – Appellant
Versus
Employees State Insurance Corporation – Respondent


Advocates Appeared:
For the Appellant :Shri H.V. Thakur, Advocate.
For the Respondent:Smt B.P. Maldhure, Advocate, Shri Atul Pathak, Advocate.

JUDGMENT :

A.S. Chandurkar, J.

This appeal filed under Section 82 of the Employees State Insurance Act, 1948 (for short, the said Act) takes exception to the order dated 02.02.2007 passed by the learned Member, Employees State Insurance Court Nagpur, in proceedings under Section 75 of the said Act. By the said order the application under Section 75 of the said Act came to be dismissed and the demand towards contribution made by the respondent has been confirmed.

2. The facts giving rise to the present proceedings are that, the appellant is a registered partnership firm carrying on business of exhibition of films. Four theaters are being run by the appellant in which it had engaged its own employees. The establishment conducted by the appellant is governed by the provisions of the said Act and the coverage is with effect from 27.11.1976. On 15.02.1978 an inspection was carried out by the Inspector of the Corporation. During said inspection the coverage of employees of the cycle stand and canteen in the theaters was directed to be done. According to the appellant the persons working on the cycle stand and in the canteen were not the employees of the appellant. According to the appellant
































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