- (1.) This is an application under Article 227 of the Constitution of India filed by the petitioner Employees' State Insurance Corporation on 01.12.2000 challenging the judgment dated 13.12.1996 passed by the learned Judge, Employees' Insurance Court, Calcutta, in E.I. Case No. 114 of 1998 in M/s. Machine Tools (India) Limited vs. E.S.I.C. wherein it has been stated that the petitioner is a Statutory Corporation established by the Central Government under the provisions of the Employees' State Insurance Act, 1948 and the opposite party i.e. M/s. Machine Tools (India) Limited is registered as a commercial establishment under the West Bengal Shops and Establishment Act and engaged in rendering services and assistance to their clients in procuring the equipment needed by them from the manufacturers in India and other overseas countries and such services is rendered by the opposite party against certain charges and as such they are selling services to their clients.
(2.) It has also been stated that the opposite party is having a branch in Bombay at Imperial Chambers' Wilson Road, Bombay 400038 which has been engaged in business of rendering and selling the same type of services as that of its registered office in Kolkata and the said branch at Bombay has been covered under Section 1(5) of the E.S.I. Act as 'shop' with effect from 12.11.1978 under Code No. 31-31590-102 through notification. It has also been stated that Deputy Regional Director E.S.I.C., regional office at Bombay vide his letter dated 31.05.1988 informed the Regional Director, E.S.I.C., regional office at Kolkata about the coverage of the opposite party's establishment at Bombay and also informed vide letter dated 05.08.1988 in details about the nature of business, number of employees of the regional office of the opposite party's establishment at Kolkata and other region after proper inspection of the records and material documents in this regard.
(3.) It has also been stated that the opposite party's establishment at Kolkata employed 22 persons on wages and is rendering services to their customers for price and their ledgers and centralised records are maintained at registered office at Kolkata.;