Need judgments

Manish Singh (Querist) 07 May 2008 This query is : Resolved
Can anybody please provide me these judgments-
1. Cricket Club of India v. ESI Corporation 1994 (69) FLR 19

2. Cochin Shipping Company v. Employees' State Insurance Corporation 1992 (65) FCR 676

3. ESI Corpn. v. Fariyar Hotel (P) Ltd. 1989 (1) LLJ 356.

please make it fast if possible.

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H. S. Thukral (Expert) 07 May 2008
[BOMBAY HIGH COURT]
Cricket Club of India and Others
v
Employees' State Insurance Corporation and Others

04 Jan 1994
COMPARATIVE CITATIONS
1994 (1) CLR 52, 1994 INDLAW MUM 7177

CASES REFERRED TO
G. L. Hotels Limited and Othersv. T. C. Sarin and Another,. (Civil Appeal Nos. 1144-45 and 1147 of 1982) and Ritz Private Limited and Others v Shivraman and Another(Civil Appeal Nos. 1148-49 of 1982) 1993 Indlaw SC 587
Gujarat Steel Tubes Limited v Gujarat Steel Tubes Mazdoor Sabha 1979 Indlaw SC 37
Bangalore Water Supply and Sewerage Board, Etc., Etc v A. Rajappa and Others, Etc., Etc 1978 Indlaw SC 260
Cricket Club of India Limited v Bombay Labour Union and Another 1968 Indlaw SC 79
Nagpur Electric Light and Power Company, Limited v Regional Director Employees State 1967 Indlaw SC 137

ACTS REFERRED
Factories Act, 1948[s. 2(k), s. 2(14-AA)]
Indian Companies Act, 1913
Employees' State Insurance Act, 1948
Constitution Of India, 1950[art. 226]
Bombay Shops and Establishments Act
CASE NO
Appeal No. 107 of 1992 in Misc. Petition No. 370 of 1978,
KEYWORDS
Labour & Industrial Law, Tribunal, Victimization, Probation

.JUDGMENT TEXT
The Order of the Court is as follows

1. Appellant No. 1 - The Cricket Club of India - was incorporated under the Indian Companies Act, 1913 and was registered as a Company Limited by Guarantee, having no share capital. The Cricket Club of India was incorporated with the object to encourage and promote various sports and particularly cricket. The Club provides for tennis courts, badminton courts, squash courts, swimming pool facilities and in addition facilities for recreation and entertainment of members. Admission to the Club premises is restricted only to members and their guests. The Club is set up on a large plot of land admeasuring 83, 526 sq. yards secured from State Government on long lease. The Club had laid out cricket ground and constructed a stadium and a Club House. The Club also constructed a banquet hall. The Club has a catering department where food and beverages are prepared for consumption of members and their guests. The club has a kitchen where food is prepared and also a pantry in the swimming pool area where snacks are prepared. It is not in dispute that the Club is a huge undertaking with wide-ranging activities, large budget and army of staff. The members are entitled to facilities at a concessional rate and the employees render services to the members and their guests.

2. The Parliament enacted the Employees' State Insurance Act, 1948 to provide for certain benefits to the employees in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. Sub-section(4) of Section1 provides that the provisions of the Act shall apply to all factories other than seasonal factories. The expression 'factory' is defined under Section2(12) of the Act and means any premises including the precincts thereof -

(a) Whereon ten or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on, or(b) whereon twenty or more persons are employed or were employed for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power or is ordinarily so carried on".

Section 2(14-AA) of the Act defines expression" manufacturing process
"and provides that the expression shall have the meaning assigned to it under Factories Act, 1948*
(k) "manufacturing process" means any process for -

(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport delivery or disposal, or

(ii) pumping oil, water sewage or any other substance; o