The Bishop'S School Through Its Principal Mr. Frank Freese v. Employees State Insurance Corporation

31 fast10838-18.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.)NO.10838 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Anand Pai and Ms.Vaishali Shah I/b M/s.Haresh Mehta and Co. for the appellant Mr.Shailesh Pathak for the respondent no.1 CORAM : K. K. TATED, J DATE : MARCH 12, 2019 P.C.:

Not on board. At the request of Advocate for the appellant, matter is taken on board for urgent orders.

By this First Appeal, appellant is challenging the judgment and decree dated 31.12.2014 passed by Employees' State Insurance Court in Application No.10 of 2009. Considering the submissions made by the learned counsel for the Applicant, the ground raised in the Appeal Memo and impugned order dated 31.12.2014, I am satisfied that the Mohite 1/2

31 fast10838-18.doc appellant has made out a case for following order:

a.

Admit on the following question of law:

(i) Whether activity of appellant school providing food to students amount to a manufacturing process?

(ii) Whether provision of sub-section (4) of Section 1 of the ESI Act is applicable to the appellant school.?

b.

The Appellant to file private paper book within one year from today, with copy to other side, failing which First Appeal shall stand dismissed without further reference to the court.

c.

Printing dispensed with.

d.

Registry is directed to call R & P immediately.

e.

The learned counsel for the Respondent waives service.

(K.K. TATED, J.) Mohite 2/2