THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.126 of 2015

JUDGMENT:

Aggrieved by order dated 28.02.2011 passed in E.I.C.No.46 of 2005 on the file of the Employees Insurance Court and Chairman Industrial Tribunal-I, Hyderabad (for short ‘the Tribunal’), this Civil Miscellaneous Appeal is filed.

2. Heard Mr. P.Rajasekhar, learned counsel for appellants and none appears for respondent.

3. Respondent is running a filling station under dealership and license of M/s. Indian Oil Corporation Limited. Inspecting Officer, Sri S.G.Taher, inspected the respondent establishment/ filling station on 22.01.2004, as a part of pre-implementation survey, conducted by Employees’ State Insurance (for short ‘ESI’) Corporation, to ascertain the establishments covered under the ESI Act. The Inspecting Officer found that respondent filling station was using power in its business unit and engaged ten employees from 01.01.2003. An inspection report was prepared and recommended that the establishment/filling station is covered under provisions of ESI Act from the date of which the area would be covered under the provisions of ESI Act.

4. On 18.05.2004, code bearing No.52-23326-90 was