ESIC Vs. VIJAY GROVER

JUDGEMENT

(1.) Taking into consideration the total number of employees with the establishment of the respondent, the appellant corporation has filed this appeal under Section 82 of the Employees State Insurance Act. It has been pleaded that the employees employed by the respondents in its manufacturing unit and in the sales office pertains to the same management and as such the applicability of the ESI Act, the employees employed on various places i.e. at the respondent factory and sales office are to be clubbed together though they are at different place. It is stated that the order of the ESI court holding that the two units i.e. factory premises and sales office are to be treated separately and independently, as such the appellant was not justified in clubbing the employees of the respondent working in both units together for the purpose of covering them under the Act. It is thus stated the order of the ESI Court deserves reversal.

(2.) Briefly stating the facts of the present case are:

(3.) The respondent thus prayed that it may be declared that the respondent factory and sales office are not covered under the ESI Act.