MADHU MALTI ENTERPRISES vs THE EMPLOYEES STATE INSURANCE CORPORATION AND ORS.

Judgment text excerpt

45-FA-291-2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.291 OF 2016 Madhu Malti Enterprises ) SHARADA Unit No.19, 3rd floor, ) RANGNATH WAHULE Digitally signed by Thakkar Indl. Estate, C.B. Road, ) SHARADA RANGNATH WAHULE Date: 2026.02.04 14:26:24 +0530 Mazgaon, Mumbai 400 010. …Appellant (Ors. Applicant) V/s. 1. The Employees State Insurance Corporation Panchdeep Bhavan, Shahid Bhagatsingh Marg, Colaba, Mumbai 400 005. ) ) 2. Shri G. P. Vishvakarma ) Asstt. Director (INS-II), ESI Corporation ) Panchdeep Bhavan, Lower Parel, ) Mumbai 400 013. ) 3. Shri A. K. Mohan – Assistant Director ) Employees State Insurance Corporation ) Panchdeep Bhavan, Shahid Bhagatsing Marg, Colaba, Mumbai 400 005. ) 4. Shri Hari Krishnan – Recovery Officer, ) Employees State Insurance Corporation ) Panchdeep Bhavan, Shahid Bhagatsing … Respondents Marg Colaba, Mumbai 400 005. ) (Ors. Opponents) ____________________________________ Mr. V. P. Vaidya i/by Mr. Mahendra Agavekar for the Appellant. Mr. Shailesh Pathak for the Respondents. ____________________________________ 1 Sharada 45-FA-291-2016.doc CORAM : JITENDRA JAIN, J. DATED : 2nd FEBRUARY 2026 ORAL JUDGMENT:- 1. This appeal filed under Section 82 of the Employees’ State Insurance Act, 1948 (for short “the ESI Act”) was admitted on 19th August, 2019 on following substantial question of law. (a) Whether the use of refrigerator for storage of medicines in a refrigerator amounts to continuation of process of manufacturing ? 2. This appeal is filed against an order of the ESI Court dated 8 th September, 2015 wherein it is held that preservation and storage of medicines in the refrigerator would amount to process of manufacturing since the said process continues till the goods are disposed of by