Regional Director, ESI Corporation VS Pahelvi Bakery

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ARUN R. PEDNEKER
Regional Director, ESI Corporation – Appellant
Versus
Pahelvi Bakery – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Ms.Anita Bafna
For the Respondent: Mr.S.C. Naidu a/w Mr.T.R. Yadav, Mr.Abhishek Ingale, Mr.Pradeep Kumar i/b C.R. Naidu & Co.

Table of Content
1. challenge to esi coverage based on power usage. (Para 1 , 2 , 3 , 4)
2. arguments regarding refrigeration's role in manufacturing. (Para 5 , 6 , 7 , 8 , 9 , 10)
3. court's reasoning on power usage definition. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)
4. appeal dismissed, ruling against esi corporation. (Para 24)

JUDGMENT :

The present Appeal is filed by the ESIC Corporation under Section 82 of the Employees’ State Insurance Act, 1948 (hereinafter referred as ‘ESI Act’) challenging the order dated 12th March 1997 passed by the Employees’ State Insurance Court, Mumbai (hereinafter referred as ‘ESI Court’) in Application (ESI) No.93 of 1992 filed by the Respondent, whereby the ESI Court was pleased to allow the Application and hold that the Respondent-Establishment was not covered within the provisions of ESIC Act, prior to 12th November 1978 and set aside the order dated 7th February 1991 and 13th February 1991 passed under Section 45 -A by the Respondent-Corporation.

2. Brief facts leading to the filing of the Appeal are as under:-

The Respondent-Bakery being an establishment employing 20 or more employees in preceding 12 months was cover

Click Here to Read the rest of this document

ARUN R. PEDNEKERRegional Director, ESI Corporation – AppellantVersusPahelvi Bakery – Respondent

Cases Referred (2)

ARUN R. PEDNEKER
Regional Director, ESI Corporation – Appellant
Versus
Pahelvi Bakery – Respondent