2004 (7) TMI 654

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..... of Judicature, Andhra Pradesh at Hyderabad made in a statutory appeal filed under Section 83(2) of the Employees State Insurance Act (the Act). The appellant - Hyderabad Race Club (the Club) in C.A.No. 4687/99 is aggrieved by the finding of the High Court whereby the appellant was held to be an establishment for the purpose of the Act whereas its contention before the authorities below including .....

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..... nition of 'establishment' under the provisions of the Act. It was the contention of the Club that the Club is not an establishment nor a shop within the meaning of Andhra Pradesh Shops and Establishment Act 1988, hence the notification by which the Act was made applicable to the club was beyond the scope of the Act. 4. Having heard the learned counsel for the parties and perused the var .....

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..... ined the liability of the Club which as contended by the learned counsel for the Club was not done by the authorities below. We find no merit in this argument also. Since it is found on record that inspite of the opportunity being granted to the appellant club, no material was produced or evidence led to prove what exactly was the number of workmen in the club who are entitled to the benefit of th .....

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..... ate. Therefore, in this background, the High Court erred in exonerating the Club from its liability between the period 1975 to 1985. 6. It is true as contended by the learned counsel on behalf of the Corporation that once a court of law declared the applicability of a statute the said declaration in the ordinary course should apply from the date the law in question was brought into force, but t .....

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..... ded a Club. Therefore, in our opinion, the High Court was justified in coming to the conclusion to call upon the Club to make contribution for a period between 1975 to 1986 would be somewhat unreasonable. Thus in the peculiar facts of this case, we are in agreement with the finding of the High Court that the demand under the Act as against this Club can be enforced only from the year 1987 onwards. .....

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