Asst. Director, Employees State ... vs M/S Kothari Engineering, Nagpur ...
2022 Latest Caselaw 12099 Bom

Citation : 2022 Latest Caselaw 12099 Bom
Judgement Date : 24 November, 2022

Bombay High Court

Asst. Director, Employees State ... vs M/S Kothari Engineering, Nagpur ... on 24 November, 2022

Bench: Avinash G. Gharote

                                                        1                            58.FA.729-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                                  FIRST APPEAL NO. 729 OF 2022
                     ( The Assistant Director, ESIC, Nagpur & Anr.
                                           Vs.
                       M/s Kothari Engineering, MIDC Nagpur )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. G.R. Kothari, Advocate for the Appellants.
                                  Mr. A.J. Pathak, Advocate for the Respondent.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 24th NOVEMBER, 2022.

Heard.

2. The present appeal under Section 82(2) of the Employees State Insurance (For short "E.S.I.") Act, 1948 challenges the judgment dated 15.11.2021 (page 12) passed by the learned Industrial Court, Nagpur holding that there is no commonality between the respondent M/s Kothari Engineering which is proprietorship concern and M/s Sainath Engineering which is a proprietary concern of Mr. Yogesh Kothari and a finding is sought to be taken, that there is commonality of interest, and therefore, the purpose of applicability of E.S.I. Act, both the units, should be clubbed together. It is difficult to comprehend that such a finding could be rendered in absence of M/s Sainath Engineering, which is a separate proprietorship concern not being made a party. The 2 58.FA.729-2022.odt

appellants thereof to take appropriate instructions and make a statement in that regard.

3. The applicability of Sumangali Vs. Regional Director, E.S.I. Corporation, (2008) 9 SCC 106, regarding parameters for clubbing of different units for the purpose of coverage, shall be considered thereafter.

4. List the matter in one week.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:24.11.2022 17:47