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2022 Supreme(Mad) 2514

S. M. SUBRAMANIAM
Hindustan Unilever Limited, Hosur, Represented by its Senior Legal Executive – Appellant
Versus
Deputy Director, Sub Regional Office (Salem), Employees' State Insurance Corporation, Salem – Respondent


Advocates appeared:
For the Petitioner:Anand Gopalan for M/s. T.S. Gopalan & Co., Advocates. For the Respondent:G. Narmadha for G. Bharadwaj for ESI, Advocates.

JUDGMENT

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, callilng for the records of the respondent in proceedings No.63000466860000008/MEC/SRO/SLM and quash its order dated 25.03.2014.)

The order issued under Section 45-A of the Employees Insurance Act, 1948 (As Amended) [hereinafter referred to as the 'ESI Act, 1948, in short], is under challenge in the present writ petition.

2. The writ petitioner, namely, Hindustan Uniliver Ltd., is a Company and they are in the process of manufacturing 'Conventional and Instant Coffee' under the brand name of M/s.Brooke Bond India Ltd.

3. The learned counsel for the petitioner-Company contended that the order impugned and the reasonings furnished for arriving a conclusion is not in consonance with the provisions of the ESI Act, 1948 (As Amended). The only reason attributed for bringing the establishment under the cover of ESI Act, is that the petitioner-Company is having a Canteen with employees and security personnel in the factory and those employees are governed under the ESI Act and therefore, the entire establishment is to be covered. Such a reasoning is untenab

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