- (1.) The challenge by means of this First Appeal under Section 82 of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act') is to the impugned order of the ESI Court dated 8.12.2000 which dismissed the petition filed by the Appellant herein under Section 75 of the Act.
(2.) The facts of the case are that the Appellant is engaged in the manufacture of large size pipes. The Appellant was sent a notice dated 24.11.1986 demanding payment of Rs. 97,224.30/- for laying work of the pipes. The Appellant made a representation against the notice of demand and produced certain documents whereafter the demand was reduced from Rs. 97,224.30/- to 12,207.65/- vide order dated 9.3.1987. It was also held that no interest was payable by the Appellant. The Appellant made a representation dated 9.4.1987 against the said demand of Rs. 12,207.65/- and followed it up by another representation dated 30.4.1987. On account of the failure of the Appellant to pay the amount due, intimation was sent by the Respondents to the Collector to recover the subject demand alongwith interest.
(3.) The Appellant challenged this action of the Respondents by means of filing of the subject petition under Section 75 of the Act. What was contended on behalf of the Appellant before the ESI Court was that the work of laying of pipes was not the work of the Appellant but was the work of an independent contractor and which work therefore cannot be said to be within the scope of the activities of the Appellant and accordingly for employees engaged in such work ESI contribution was not to be paid.;