J S GOMES Vs. DEPUTY REGIONAL DIRECTOR

JUDGEMENT

(1.) THIS appeal by an establishment is directed against an Order passed by the learned Judge, E. S. I. Court, South Goa, rejecting its application under Section 75 of the Employees State Insurance Act, (hereinafter referred to as the E. S. I. Act), for a declaration that provisions of E. S. I. Act do not apply to it.

(2.) THE facts which led to filing of this appeal are as under : on 07. 03. 1989, respondent directed appellant to submit particulars in prescribed format. On 28. 03. 1989, appellant informed respondent that provisions of E. S. I. Act did not apply to appellant-Company. Appellant supplied requisite information on 23. 08. 1989. Respondent informed appellant that it was covered under the E. S. I. Act 1948 w. e. f. 02. 07. 1977 in terms of Notification by Government of Goa under Section 1 (5) of the Act. On 27. 10. 1989, the Corporation demanded contribution from July 1977 to september 1989 amounting to Rs. 4,49,148. 00 with interest @ 6% per annum. In November 1989, appellant challenged this demand by an application under section 75 of the E. S. I. Act which was rejected by the impugned order.

(3.) ACCORDING to the appellant, the establishment of the appellant is engaged in the sampling of iron ore and for the above said work the establishment engages chemist, samplers etc. The said employees are employed in the vicinity of a Major Port, namely Mormugao Port. Sample boys pickup particulars of samples from the vessels berthed at the harbour, fill the forms, carry the samples to the crushing shades situated in the vicinity of the port and such samples are thereafter sent to the laboratories situated away from the port for testing. The samplers, the assistant samplers and assistants chemist work under the instruction of the chemists.