ORDER :

1. This appeal is filed by the Employees State Insurance Corporation aggrieved by the order dated 05.08.2004 passed in EIC No.38 of 2001 on the file of the Employees Insurance Court and Chairman, Industrial Tribunal-I, Hyderabad, whereby the petition filed by the petitioner seeking that his shop is not coverable under the provisions of the ESI Act is allowed.

2. Learned counsel for the appellant would contend that M/s.Bulchand & Company and M/s.Bulchand Enterprises are situated in the same address and the employer of both the Units are one and the same, but the Tribunal erred in concluding that they are different Units and does not cover by ESI and Ex.R10 discloses the principal employer of both the Units. The Statutory Inspector during his investigation on verification of the records found that twenty five (25) persons were employed for wages on 01.01.1995. He would further submit that once the establishment was covered under the Act, it is the statutory duty of the respondent herein to pay the contribution towards premium under the Act, and therefore, sought to set aside the order under challenge.

3. Perusal of the order shows that one Detaram Lalchand is a principal employe