J.P. LIGHTS INDIA, REPRESENTED BY ITS PROPRIETOR SRI. GERMEN MENEGES Vs. THE REGIONAL DIRECTOR E.S.I. CORPORATION

JUDGEMENT

(1.) THIS appeal is directed against the order passed by the Employees State Insurance Court in application No. 2/2002 and 65/2002 dated 29.09.2003 whereunder the application filed under Section 75 of the ESI Act, challenging the orders passed under Section 45(a) by the competent authority has been dismissed is questioned herein.

(2.) THIS Court by order dated 17.10.2003 had admitted the appeal and it is agreed by the learned Advocates appearing for both the parties at the time of admission substantial question of law had not been formulated and consent for formulating the following substantial questions of law for consideration:

(3.) PER contra Sri. V. Narasimha Holla, learned Counsel appearing for Respondent -Corporation would support the order passed by the competent authority as also the ESI Court and contends that if the words used in Section 2(12)(a) read as a whole in conjunction with Section 2(15)(C) it would not emerge that Appellant -establishment would remain outside the purview of ESI Act and the object and intent of the legislature will have to be looked into for the purposes of extending the application of the Act to the Appellant herein and while reading down the provision of ESI Act it is to be held in favour of whose benefit it has been enacted and accordingly he seeks for dismissal of the appeal. In support of his submission he relies upon the decision of the Co -ordinate Bench of this Court in the case of Employees State Insurance Corporation v. Ambika Appliances (P) Ltd., reported in ILR 2007 Kar 963.