(1.) Heard the learned Counsel appearing on behalf of the appellant. None appears on behalf of the respondent company though it was served. Mr. Mehta, the learned Counsel appearing on behalf of the appellant submits that though the respondent has been served, the respondent has never appeared on earlier occasions when the matter was heard. This First Appeal is of 1988 and though the respondent has been served, respondent has not chosen to appear in this Court. Hence, there is no option for this Court but to decide the First Appeal after hearing the submissions made by the learned Counsel appearing on behalf of the appellant.
(2.) The short question which arises in this First Appeal is regarding the applicability of the Employees State Insurance Act, 1948 (hereinafter referred to as "the Act" ) to the petrol pumps owned by the respondent company.
(3.) Brief facts which are relevant for the purpose of deciding this appeal are as under: