EMPLOYEES STATE INSURANCE CORPORATION Vs. LOKMAT NEWSPAPER PVT. LTD.
LAWS(BOM)-2017-1-12
HIGH COURT OF BOMBAY
Decided on January 05,2017

EMPLOYEES STATE INSURANCE CORPORATION Appellant
VERSUS
Lokmat Newspaper Pvt. Ltd. Respondents

JUDGEMENT

- (1.) This appeal filed under Section 82 of the Employees State Insurance Act, 1948 (for short, the said Act) has been admitted by framing following substantial question of law : " Whether ESI Court was justified in quashing the order of recovery to the extent of 50% of the total contribution claimed by the appellant "
(2.) On the basis of visit dated 06/01/1992 by the Insurance Inspector, a report came to be prepared on the basis of observations made. 238-J-FA-628-04 2/6 As per the said report, an amount of Rs.2,85,140.07 was shown to have been spent by the respondent between April 1989 to May 1991 towards repairs and maintenance of plant, machinery and other assets, renovation and other ancillary activities. On that basis, on 04/03/1992, a demand of contribution of an amount of Rs.20,673/- came to be made in terms of Section 45A of the said Act. As the payments were not made, recovery was sought to be effected. In the meanwhile on 15/09/1992, the respondent issued a communication stating that the amount determined was not correct and hence contribution was not payable. The respondent thereafter approached the Employees State Insurance Court by filing an application under Section 75 of the said Act and challenged the communication dated 04/03/1992 and 21/07/1992. The recovery certificate was also challenged.
(3.) The appellant-Corporation filed its written statement and took the stand that the amount of contribution had been determined by treating the amount of Rs.2,85,140.07 as omitted wages. It was further pleaded that no material was produced by the respondent so as to deny its liability.;


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