ESIC Vs. VED PRAKASH GUPTA

JUDGEMENT

(1.) HEARD learned Counsel for the appellant.

(2.) THE appellant ESIC is aggrieved by an order dated 15-2-1999 passed by the learned Judge, esic Court allowing respondent's petition under section 75 of the ESI Act which challenged an order dated 31-1-1995 passed by the ESI Corporation holding that respondent's establishment was covered under the ESI Act.

(3.) SHORN of unnecessary details it would be relevant to note that order dated 31-1-1995 was passed on the basis that the business of Ajay Enterprises carried on by the son of the respondent was found to be a part and parcel of the business of the respondent who was carrying on business as the sole proprietor of M/s. Liftman Industries. The reason for the said finding was the respondent who was the sole proprietor of M/s. Liftman Industries was the father of Ajay, the sole proprietor of Ajay enterprises. That both businesses i. e. the business of M/s. Liftman Industries and Ajay Enterprises were being carried on from the same business premises namely B-13/2, Jhilmil Industrial area, Shahdara, Delhi and that the electricity connection in the name of the business enterprise of the father was being used by the son as well.