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july 2009

Supreme Court of India · 2009-07-15

M/S. Hotel New Nalanda vs Regional Director, E.S.I. Corpn

Citation / case number
2010 AIR SCW 2534
Court
Supreme Court of India
Petitioner
M/S. Hotel New Nalanda
Respondent
Regional Director, E.S.I. Corpn
Author
Aftab Alam
Bench
Tarun Chatterjee, Aftab Alam

Judgment text excerpt

The Supreme Court upheld the decision of the Employees' Insurance Court, which found that M/s. Hotel New Nalanda did not qualify as a factory under Section 2(12) of the Employees' State Insurance Act, 1948. The Court noted that the establishment employed 14 persons, but there was insufficient evidence of a manufacturing process involving power, as required by the Act. Consequently, the Court ruled that the appellant was not obligated to comply with the provisions of the ESI Act, affirming the lower court's judgment.

M/S. Hotel New Nalanda vs Regional Director, E.S.I. Corpn · Niyam