Leave granted.
2. The appellant before this Court is a Company which has a factory
presently engaged in the manufacturing of coffee as also its blending
and packing and is known as Hindustan Unilever Limited. The question
before this Court is whether appellant is liable to make its contribution
under the Employees State Insurance Act, 1948 (hereinafter called “the
ESI Act”) or not?
3. Mr.V.Giri, learned Senior Counsel for the appellant would
claim exclusion from the purview of the ESI Act on the ground that
it is a seasonal factory since it is a factory engaged in the
manufacture of coffee. The appellant relied upon sub-section (4) of
Section 1 of the ESI Act which reads as under:
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