PREM STORES THROUGH SHRI ANIL NACHRANI S/O LATE SHRI MOHAN LAL NACHRANI, Vs. EMPLOYEES STATE INSURANCE CORPORATION REGIONAL OFFICE

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Sec. 82(2) of the Employees State Insurance Act, 1948 (henceforth "ESI Act, 1948') challenging the order dtd. 9/2/2015 passed by Employees Insurance Court - Labour Court No. 1, Raipur (C.G.) in Case No. 129/E.S.I. Act/2002 whereby Employees Insurance Court has held that the premises of the shop of the appellant comes under the definition of "factory" as per E.S.I. Act, 1948, as it carries out 'manufacturing process'.

(2.) Facts of the case, in nutshell, is that the Appellant is a registered partnership Firm running a small readymade garment's shop at Raipur, which was registered under M.P. Shops and Establishment Act, 1958. On 12/3/2001, establishment of the appellant was inspected by the Insurance Inspector, E.S.I., Raipur and on the basis of inspection carried out by the Inspector and considering the work of alteration of cloth and ironing done by the Appellant in the premises of shop as "manufacturing process" as per the definition of E.S.I. Act, 1948, respondent No. 1 vide its order No. 402, dtd. 27/4/2021 held that the shop of the appellant comes under the coverage of provisions contained in E.S.I. Act, 1948, as the premises of the appellant comes under the definition of factory as per Sec. 2(12)(a) & 2(12)(b) of the E.S.I. Act, 1948.

(3.) Aforesaid order was challenged by the appellant before learned Court of Employees Insurance Court, Labour Court No. 1, Raipur, who dismissed the application filed by the appellant herein. Hence, this appeal.