THE HONOURABLE SRI JUSTICE N.V. RAMANA Civil Miscellaneous Appeal No. 77 of 2006 JUDGMENT: This civil miscellaneous appeal is directed against the judgment dated 15.12.2005 passed in E.I. Case No.84 of 2002 by the Employees’ Insurance Court and Chairman, Industrial Tribunal-I, Hyderabad, allowing the petition filed by the respondent herein, praying to declare that the provisions of E.S.I. Act are not applicable to them and consequently to set aside the recovery order impugned therein. The issue as to whether the provisions of E.S.I. Act are applicable to the diagnostic centres and thereby enabling the E.S.I. Corporation to collect the E.S.I. contributions was considered by this Court in Vijaya Diagnostic Centre v. Employees State Insurance Corporation[1] and it was held in the negative. In fact, the Tribunal, taking into consideration the above order of this Court, by the impugned order, set aside the recovery order issued by the appellant- E.S.I. Corporation. Subsequently, a learned Judge of this Court in C.M.A. No. 886 of 2003, by order dated 01.07.2010, following the above judgment, dismissed similar appeal filed by the Corporation. Even though in the said appeal, the counsel for the appellant submitted that questioning the order in Vijaya Diagnostic Centre (supra), the Corporation filed appeal before the Supreme Court and that no stay was granted and in the meanwhile, the Government issued notification under Section 1 of the E.S.I. Act, notifying the diagnostic centers to be covered by the E.S.I. Act, the fact remains, the learned Judge neither agreed nor disagreed with the said submission, because the notification was not the subject matter of the appeal. Hence, following the above judgments, this appeal is liable to be dismissed and the same is accordingly dismissed. No order as to costs. __________________ JUSTICE N.V. RAMANA 27th January, 2011 IBL [1] 2005 (6) ALT 813