BROOKE BOND INDIA LTD Vs. E S I CORPORATION

JUDGEMENT

(1.) Brooke Bond India Ltd., a Public Limited Company, registered under the Companies Act, is the appellant and the appeal is directed against the judgment of the Employees' Insurance Court, Calicut, dismissing an application filed by it praying for a declaration that their establishment at Willingdon Island is not a shop and therefore is not liable to be covered under the Employees' State Insurance Act, hereinafter referred to as the Act. The appellant with its registered office at Calcutta has branch offices in different . parts of the country. The application of the appellant before the Insurance Court was opposed by the Employees' State Insurance Corporation contending that there were more than 20 persons employed for wages in the office of the appellant at Willingdon Island and that the establishment therein is a shop coming within the Notification issued by the Government in this respect.

(2.) The Employees' Insurance Court, on a consideration of the evidence on record found that the appellant's establishment at Willingdon Island is a shop liable to be covered under the Act.

(3.) The only question that arises for determination in this appeal is whether the office of the appellant at Willingdon Island is a shop coming within the ambit of the Notification.