LAWS(MAD)-2018-7-92

DEPUTY REGIONAL DIRECTOR, REGIONAL OFFICE(TAMILNADU), EMPLOYEES STATE INSURANCE CORPORATION Vs. PITHAVADIAN & PARTNERS

Decided On July 04, 2018
Deputy Regional Director, Regional Office(Tamilnadu), Employees State Insurance Corporation Appellant
V/S
Pithavadian And Partners Respondents

JUDGEMENT

(1.) Since both the writ appeals have been preferred against the orders passed by the learned single Judge involving very same parties and W.A.No.2150 of 2010 has been filed challenging the order passed under Section 45-A of the Employees' State Insurance Act, 1948 (hereinafter called as 'ESI Act'), they have been taken up together and disposed of by way of common judgment.

(2.) The respondent/writ petitioner is an Architecture Firm. An order was passed by the appellant under Section 45-A of the ESI Act inter alia holding that it would come under the purview of the ESI Act and therefore, the consequence will have to be followed. The following are the findings of the appellant, which are not in dispute.

(3.) Thus the appellant was pleased to hold that the reference available would certainly show the existence of the systematic, economic activity. Incidentally, it was further held that such an activity facilitates the impugned transaction, which is construction.