JUDGMENT :

Vipul M. Pancholi, J.

Present appeal is filed by the original applicant against the judgment and order dated 18.10.1994 passed by the Employees State Insurance Court, Ahmedabad ('the ESI Court' for short) in ESI Application No. 50 of 1991, by which, the ESI Court has dismissed the application of the present appellant.

2. Brief facts of the present case are as under:

2.1 That the applicant filed an application being ESI Application No. 50 of 1991 under Section 75 of Employees State Insurance Act, 1948 ('ESI Act' for short) before the ESI Court, wherein, the applicant has mainly contended that he is carrying on his business as commission agent and dealing in products like tomato catchup, bournvita, cadbaury chocolates, blue cherry blossom shoe polish etc. 15 to 16 employees were engaged. However, in the said premises, neither any manufacturing activity has been carried on, nor the aforesaid items were preserved in the cold storage. In fact, there is no cold storage or cold room in the said premises and therefore provisions of ESI Act is not applicable to the applicant. When the ESI Inspector called for the record and information from the applicant in the prescribed form, such