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2024 Supreme(Guj) 8

SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Gujarat Narmada Valley Fertilizers Co. Ltd. – Appellant
Versus
C. V. Joseph, Jt. Director, Sub-Regional Office, Employees STA – Respondent


Advocates Appeared:
For the Petitioner: Mr. Kunal Nanavati with Mr. Kaustubh Shrivastava for Nanavati Associates.
For the Respondents: Mr. D.S. Vasavada, Mr. Hemant S. Shah.

ORDER :

(Sunita Agarwal, J.)

ORDER IN SPECIAL CIVIL APPLICATION NO. 7824 OF 2008

1. This is a wholly misconceived petition filed by the Gujarat Narmada Valley Fertilizers Company Limited (in short as “GNVFCL”), seeking to challenge the notice dated 23.01.2008 issued by the Employees’ State Insurance Corporation (in short as “ESI Corporation”), asking the petitioner company to comply with the provisions of the Employees’ State Insurance Act, 1948 (“ESI Act” in short), with respect to the contract workers engaged by the petitioner through the labour contractors.

2. A bare perusal of the notice itself indicates that there is a reference of a Government of India Notification dated 23.12.1993, whereunder it was provided that “Areas within the Municipal limits of City Bharuch, Taluka and District Bharuch and within the revenue and Panchayat limits of villages Bholav, Zadeshwar, Vadadla, Nandelav including Industrial Estate and GIDC Estate Bholav, Taluka and District Bharuch”, came under the ESI Scheme with effect from 16.01.1994 and the said Notification clearly covers “Industrial Estates” and as such ESI Notified Areas are inclusive of Notified Centers of State Government of Gujarat.

3. T

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