FA/783/2004

Judgment text excerpt

NEUTRAL CITATION C/FA/783/2004 JUDGMENT DATED: 24/06/2026 2026:GUJHC:38711 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 783 of 2004 ========================================================== EMPLOYEE STATE INSURANCE CORP. Versus GOPAL GLASS WORKS PVT.LTD. ========================================================== Appearance: MR SACHIN D VASAVADA(3342) for the Appellant(s) No. 1 MRS YOGINI V PARIKH(2163) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 24/06/2026 JUDGMENT 1. This Appeal is filed under Section 82 of the Employees’ State Insurance Act, 1948 (for short the “ESI Act”), challenging the impugned judgment and order dated 20.01.2004 passed by the learned Employees’ State Insurance Court, Ahmedabad, in E.S.I. Application No.12 of 1990. By the said judgment and order, the learned ESI Court, while deciding an application under Section 75 of the ESI Act, declared the orders dated 14.11.1986, 10.09.1987 and 17.10.1988 passed under Section 45A of the ESI Act as illegal and inoperative. 2. The brief facts of the case are that, the Gopal Glass Works Pvt. Ltd., - respondent herein, filed an application under Section 75 of the ESI Act, contending that the officer of the Employees’ State Insurance Corporation, without affording any opportunity of hearing, passed orders holding that eighteen employees and two Directors, i.e., a total of twenty persons, were working in Gopal Glass Works Pvt. Ltd. and, therefore, the establishment was covered under the Page 1 of 4 Uploaded by () on Downloaded on : Tue Jun 30 22:17:22 IST 2026 NEUTRAL CITATION C/FA/783/2004 JUDGMENT DATED: 24/06/2026 2026:GUJHC:38711 provisions of the ESI Act. Consequently, Gopal Glass Works Pvt. Ltd. was held