[111] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-1556-1993 (O&M)

Date of Decision : 08.04.2025 Employees State Insurance Corporation …Appellant versus M/s Birla Oil Mills, Malout ….Respondent Coram : HON’BLE MR. JUSTICE PANKAJ JAIN Present: Mr. H.S. Bhatia, Advocate for the appellant.

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PANKAJ JAIN, J. (ORAL)

[1] The ESI Corporation is in appeal against the order passed by ESI Court, whereby petition filed by the respondent under Section 75 of the ESI Act, 1948, impugning order passed by the ESI Corporation under Section 45A dated 09.04.1990 was allowed.

[2] Counsel for the appellant does not dispute that the issue already stands decided by this Court in FAO No.1555 of 1993 titled as ‘Employees State Insurance Corporation versus Upper Ganges Sugar & Industries Limited’ vide judgment dated 04.09.2024 against ESI Corporation. While deciding issue against the Corporation, this Court held as under:- “2. Respondent/establishment Challenged the order passed by ESI Corporation whereby the factory owned by the respondent i.e. B.T.M. Oil Mills a unit of M/s Birla Textile Mills Ginning and Pressing Factory, Malout was held to be coveredunder the ESI Act w.e.f. 01.04.1980 and they