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2017 Supreme(Mad) 3061

V.BHAVANI SUBBAROYAN
Lingam Restaurant, Rep. by S. Unnamalai – Appellant
Versus
Regional Director, Employee's State Insurance Corporation – Respondent


Advocates Appeared:
For the Appellants :P. Velmurugan, Advocate.
For the Respondents:P. Ganapathy Samy, Advocate.

JUDGMENT :

1. This Civil Miscellaneous Appeal has been filed by the Appellants/claimants against the fair and decreetal order, dated 16.07.2010 passed in E.S.I.O.P.No.24 of 1997 on the file of the Employee's State Insurance-cum-Principal District Court, Thanjavur, raising various grounds.

2. The brief facts of the petitioners are as follows:-

Originally one late.A.Subramanian is the proprietor of Hotel Valli. The second petitioner herein, who is the wife of late.A.Subramanian, is the proprietrix of Lingam Restaurant. Hotel Valli and Lingam Restaurant are two separate establishments. During the pendency of the appeal, the proprietrix of Hotel Valli viz., A.Subramanian died. Hence, his wife and two sons were impleaded as petitioners 2 to 4. Since both the establishments had engaged employees below 10 in number respectively, they are not covered under the Employees State Insurance Act. However, the Inspector of Employees State Insurance Corporation had clubbed these two establishments as one and held that the petitioner - establishment is covered under the Employee's State Insurance Act and accordingly, the first respondent directed the petitioner - establishment to pay a sum of Rs.15,65



















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