1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1912 OF 2009 Abdul Shakur Umar Sahigara & Co. ..Appellant Vs. The Regional Director, Employees’ State Insurance Corporation and others ..Respondents ......... Mr.S.C.Naidu a/w.Mr.Y.C.Naidu, Mr.N.P.Dalvi and MrSaurabh Kulkarni i/b.M/s.C.R.Naidu & Co., for appellant. Mr.H.V.Mehta a/w.Mr.P.M.Palshikar, for respondent no.1. ......... CORAM: R.G.KETKAR, J. DATE : 1st JULY, 2010. P.C. : Heard Mr.C.R.Naidu, learned counsel for the appellant and Mr.Mehta, learned counsel for the respondent. 2] This appeal challenges the order dated 31 st January, 2005 passed by the learned Judge of the Employees’ Insurance Court, Mumbai whereby it has been held that the establishment of the applicant in Mumbai is covered under Notification of Government of Maharashtra dated 18 th September, 1978 and is amenable to the E.S.I Act w.e.f. 12 th November, 1978. 5] Admit. The appeal raises following substantial questions of law:- a] Whether the establishment of the appellant at Mumbai, 1912-09.sxw 2 where two employees are employed, is covered under the E.S.I. Act in view of Section 1(5) thereof read with Notification dated 25 th September, 1978 ? b] Whether the communication dated 28 th July, 1980 violates the principles of natural justice as the said order concludes that the establishment of the appellant is covered under the E.S.I. Act ? 6] Mr.Palshikar, learned counsel waives service on behalf of the respondent. 7] Call for Record and Proceedings. Printing is dispensed with. Appellant shall file private paper book and decree forms within one year from today. [R.G. KETKAR, J.] 1912-09.sxw 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4387 OF 2009 IN FIRST APPEAL NO.1912 OF 2009 Abdul Shakur Umar Sahigara ..Applicant Vs. The Regional Director, Employees’ State Insurance Corporation and others ..Respondents ......... Mr.S.C.Naidu a/w.Mr.Y.C.Naidu, Mr.N.P.Dalvi and MrSaurabh Kulkarni i/b.M/s.C.R.Naidu & Co., for applicant. Mr.H.V.Mehta a/w.Mr.P.M.Palshikar, for respondent no.1. ......... CORAM: R.G.KETKAR, J. DATE : 1st JULY, 2010. P.C. : Rule. By consent, Rule is made returnable forthwith. 2] On the condition of the applicant’s depositing amount of Rs.22,568/- in this court within four weeks from today, no coercive action shall be taken against the applicant pursuant to the order dated 31 st January, 2005 passed in (ESI) No. 128 of 1984. The respondent-Corporation is allowed to withdraw the amount, which shall be subject to the outcome of the First Appeal. 1912-09.sxw 4 3] On depositing the amount directed above, the applicant will be at liberty to secure the return of bank guarantee from the E.S.I. Court. 4] Civil Application is disposed of. [R.G. KETKAR, J.] 1912-09.sxw