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IN THE HIGH COURT OF DELHI AT NEW DELHI

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FAO 4/2006

MOHD.ARIF

..... Appellant

Through:

Mr.Mohd. Abid, Adv.

versus

EMPLOYEES STATE INSURANCE CORP. ..... Respondent

Through:

Mr.K.P.Mavi, Mr.Saurabh Dhawan,

Advocates.

CORAM:

HON'BLE MR. JUSTICE MOOL CHAND GARG

1.Whether the Reporters of local papers may be allowed

to see the judgment?

Yes

2.To be referred to Reporter or not?

Yes

3.Whether the judgment should be reported in the Digest?

Yes

:

MOOL CHAND GARG,J

1.

The issues involved in this appeal filed by the appellant under

Section 82(2) of the Employees‟ State Insurance Act, 1948 (hereinafter

referred to as „the Act‟) against judgment and order dated 11.08.2005

passed by the ESI Court dismissing the petition bearing No.39/1999

under Section 75 of the Act are:

i.

Whether the establishment of the appellant, which is

admittedly only a guesthouse/lodging house without any

kitchen, is coverable under the ESI Act even if it has only

11 employees?

ii.

Whether the use of refrigerator with the aid of power in the

establishment of the appellant amounts to manufacturing

process rende