- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST APPEAL No. 138 OF 1999 The Regional Director, ESI Corporation. Appellant Vs. M/s. Deccan Minerals ... Respondents Mr. H. V. Mehta, advocate for appellant. Mr. S. C. Naidu i/b C.R. Naidu & Co. for respondent. CORAM CORAM CORAM : Dr. S. RADHAKRISHNAN, J. : Dr. S. RADHAKRISHNAN, J. : Dr. S. RADHAKRISHNAN, J. DATE DATE DATE : JUNE 23, 2006. : JUNE 23, 2006. : JUNE 23, 2006. P.C. P.C. P.C. . Heard the learned counsel for the appellant and the respondent. Mr. Mehta, the learned counsel for the appellant brought to my notice paragraph 16 of the impugned order dated 20th November, 1998 and also the decision of Division Bence of this High Court in case of Abu Marble Mining Pvt. Ltd. Vs. Abu Marble Mining Pvt. Ltd. Vs. Abu Marble Mining Pvt. Ltd. Vs. Regional Regional Regional Directors, Directors, Directors, ESI Corpn., Mumbai ESI Corpn., Mumbai ESI Corpn., Mumbai wherein it is clearly held that, fixing of marble fixing of marble fixing of marble outside outside outside the factory of the appellant by the the factory of the appellant by the the factory of the appellant by the employees employees employees engaged by the Contractor had no engaged by the Contractor had no engaged by the Contractor had no - 2 - connection connection connection with factory and such employees with factory and such employees with factory and such employees engaged engaged engaged by contractor would not fall within by contractor would not fall within by contractor would not fall within the the the extended definition of S. 2(g) of the Act. extended definition of S. 2(g) of the Act. extended definition of S. 2(g) of the Act. 2. In view of the aforesaid clear judgment of the Division Bench of this High Court, the learned counsel for the appellant contended that the presen appeal does not survive. Hence, the appeal stands dismissed. However, no orders as to costs. [ Dr. S. RADHAKRISHNAN, J.] Dr. S. RADHAKRISHNAN, J.] Dr. S. RADHAKRISHNAN, J.]