Santosh Hegde, J. - (1.) These two appeals arise out of a common judgment of the High Court of Judicature, Andhra Pradesh at Hyderabad made in a statutory appeal filed under Section 83(2) of the Employees State Insurance Act (the Act). The appellant - Hyderabad Race Club (the Club) in C. A. No. 4687/99 is aggrieved by the finding of the High Court whereby the appellant was held to be an establishment for the purpose of the Act whereas its contention before the authorities below including the High Court was that it was not in establishment covered by the Act.
(2.) The grievance of the appellant - Employees State Insurance Corporation (the Corporation) in C. A. No. 4686/99 is that the High Court having come to the conclusion that the Hyderabad Race Club is an establishment under the Act erred in reducing its liability and holding that the demand made on the said club for contribution for the period between 1975 to 1986 was unreasonable because the law at that time on this point was uncertain. In this appeal, the appellant contends that the same cannot be a ground for exempting an establishment of its statutory liability once it is held that the establishment comes under the purview of the Act.
(3.) We will first consider the case of the club whether it comes within the definition of establishment under the provisions of the Act. It was the contention of the Club that the Club is not an establishment nor a shop within the meaning of Andhra Pradesh Shops and Establishment Act, 1988, hence the notification by which the Act was made applicable to the club was beyond the scope of the Act.;