M/S. NATRAJ CINEMA Vs. THE DEPUTY REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION
HIGH COURT OF BOMBAY
M/S. Natraj Cinema
The Deputy Regional Director, Employees State Insurance Corporation
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R.K.DESHPANDE, J. -
(1.) The challenge in this appeal is to the order dated 21.09.2005 passed in Insurance Case No. 7 of 1994 under Section 75 of the Employees State Insurance Act, 1948, by the Industrial Court at Nagpur. The application filed by the appellant establishment under Section 75 of the said Act challenging the order dated 11.07.1994 passed under Section 45A of the said Act making the provision applicable to the establishment of the appellant has been rejected.
(2.) It is not in dispute that if it is established that the appellant establishment had engaged more than 20 employees during 01.04.1991 to 29.09.1993, then provisions of the said Act would become applicable with effect from 01.04.1991. According to the respondent authority, 21 employees were found to be working on the establishment of the appellant on 29.09.2003, when the inspection was done. Out of these 21 employees, 10 were regular employees, 5 were the temporary employees (including 2 persons employed for pasting handbills or posters), 2 employees employed by Canteen contractor and 4 employees employed on the cyclestand. The report has been accepted by the Industrial Court and the claim for setting aside the order dated 11.07.1994 has been rejected.
(3.) The appellant was running Natraj Cinema Theatre, which was subsequently closed on 30.09.2006. The present case is concerned with the period from 01.04.1991 to 29.09.1993. It is not in dispute that on the establishment of the appellant, there were 10 permanent employees and 3 temporary employees. The dispute is regarding employment of 2 persons as handbill boys, 2 persons employed by the canteen contractor and 4 persons employed on the cyclestand. It is not in dispute that the canteen and cyclestand were within the premises of the establishment of the appellant. It is also not in dispute that if the strength of the employees on the establishment of the appellant is 20 or less, then applicability of provisions of Employees State Insurance Act is excluded.;
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