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Hotel is not covered under section 2 (k) of ESIC Act

Raj Kumar Makkad ,
  15 November 2010       Share Bookmark

Court :
Delhi High Court
Brief :
Consideration to definition of manufacturing process defined under Section 2(k) of the Factories Act, 1948 -whether by the provisions of section 2(k)of the said Act it means that hotel of the appellant was involved in a manufacturing process?
Citation :
Mohd. Arif v. Employees State Insurance Corp. (Decided on 25.10.2010) MANU/DE/2768/2010

Held, by applying the principles laid down by the Bombay High Court and Hon'ble Supreme Court to the facts of this case it was derived that the hotel/lodging house belonging to the appellant was using a refrigerator with the aid of electricity. That the said hotel was engaged in the manufacturing process for the purpose was brought by the respondents to cover the said hotel under the provisions of the Act within the definition. Therefore, the order passed by the ESI Court is set aside and the appeal filed by the appellant is allowed.

 
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Published in Corporate Law
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