2004 (7) TMI 654

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....peals arise out of a common judgment of the High Court 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 ....

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.... the case of the club whether it comes within the definition 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 t....

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....e part of the authorities below to have factually examined 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 wor....

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....ore, the liability of the Club started from the said date. 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 ....