EMPLOYEES STATE INSURANCE CORPORATION AND SUB REGIONAL OFFICE AT PMT COMMERCIAL BUILDING SHANKER SHETH ROAD SWARGATE GALLI PUNE Vs. KIRLOSKAR CONSULTANTS LIMITED

JUDGEMENT

(1.) THE Employees State Insurance Corporation has preferred this appeal against Order dated 30th January, 1987, passed by the Employees Insurance Court, Pune in Application (ESI) No. 6 of 1982.

(2.) BY the impugned Order under appeal, the trial Court has declared that the provisions of Employees State Insurance Act are not applicable to the establishment of respondent in this appeal i. e. M/s. Kirloskar Consultants Ltd.

(3.) THE establishment of respondent herein is registered as "a commercial establishment". The respondent company provides consultancy services to its clients in respect of Industrial, technical, marketing and management and prepares project report for its clients. The respondent is engaged in Industrial Consultancy and carrying on "economic activity" as part of its business. The only question which is required to be decided in this appeal is as to whether the establishment of the respondent is liable to be considered as a "shop" under the notification issued by the appropriate Govt. under section 1 (5) of the Employees State Insurance Act, 1948. The respondents employees more than 100 employees. The Honble Supreme Court has already held that the establishment of the advertising consultancy is liable to be considered as a shop. The judgment of High Court of Bombay in case of Dattatray Advertising Co. Pvt. Ltd. is already overruled by the Apex Court.