2024:BHC-AS:27526 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.133 OF 1999 Regional Director, ESI Corporation }

ESIC Building, Colaba, Mumbai-400 005. } ….Appellant V/s.

M/s.Pahelvi Bakery }

Digitally signed 101, Umerkhadi Road, Mumbai-400 009. } ….Respondent NILAM by NILAM SANTOSH SANTOSH KAMBLE ----

KAMBLE Date: 2024.07.12

18:18:06 +0530 Ms.Anita Bafna, for the Appellant.

Mr.S.C. Naidu a/w Mr.T.R. Yadav, Mr.Abhishek Ingale, Mr.Pradeep Kumar i/b C.R. Naidu & Co., for the Respondent.

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CORAM : ARUN R. PEDNEKER, J.

DATE : 10^th JULY 2024 JUDGMENT :-

. The present Appeal is filed by the ESIC Corporation under Section 82 of the Employees’ State Insurance Act, 1948 (hereinafter referred as ‘ESI Act’) challenging the order dated 12^th March 1997 passed by the Employees’ State Insurance Court, Mumbai (hereinafter referred as ‘ESI Court’) in Application (ESI) No.93 of 1992 filed by the Respondent, whereby the ESI Court was pleased to allow the Application and hold that the Respondent-Establishment was not covered within the provisions of ESIC Act, prior to 12^th November 1978 and set aside the order dated 7^th February 1991 and 13^th February 1991 passed und