EMPLOYEES STATE INSURANCE CORPORATION, PANCH DEEP BHAWAN, GANESHPETH, NAGPUR Vs. CENTRAL INDIA INSTITUTE OF MEDICAL SCIENCES
HIGH COURT OF BOMBAY
Employees State Insurance Corporation, Panch Deep Bhawan, Ganeshpeth, Nagpur
Central India Institute of Medical Sciences
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Indira Jain, J. -
(1.) This appeal takes an exception to the order dated 24.4.2006 passed by the Employees State Insurance Court, Nagpur (for short "ESI Court") in Application (ESI) No.3/1999. By the said order, ESI Court allowed the application under Section 75 of the Employees State Insurance Act, 1948 (for short ESI Act) filed by respondent and set aside the communication issued by appellant informing respondent that institute of respondent falls within the coverage of provisions of the Employees State Insurance Act, 1948.
(2.) By the order dated 14.11.2006, this court framed the following substantial question of law :
"Whether the respondent Hospital which is having a Pathological Laboratory caters to the needs of outsiders as well as the indoor patients, is a Factory within the meaning of Section 2 (12) (a) of the Employees State Insurance Act, 1948.?
(3.) The factual backdrop of the case relevant for the purpose of disposing of this appeal may be stated thus :
(i) Respondent is a Scientific Research Institute registered under the Societies Act, 1879 and also registered as Charitable Trust under the Bombay Trust Act, 1950. Respondent carries out research activities and runs a hospital for indoor and outdoor treatment. The hospital is having four departments (a) Radiology and Cath Department (b) Cardial Labs (c) Neurophysology Labs and (d) Pathology and Biochemistry. In Pathology and Biochemistry department various tests are carried out for diagnostic purposes. According to respondent, the institute is highly sophisticated research institute in Central India and recognized by Government of India, Ministry of Science and Technology, New Delhi as Scientific Research Organisation.
(ii) On 6.7.1998, Insurance Inspector visited the hospital run by respondent. After inspection, he had drawn the observation-sheet. Respondent received communication dated 18.8.1998 informing that the hospital has been provisionally covered under the ESI Act and the scheme framed thereunder. Respondent was allotted Code number by the said communication and was called upon to submit the prescribed form immediately.;
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