INDRAPURI STUDIO PRIVATE LIMITED Vs. EMPLOYEES STATE INSURANCE CORPORATION
LAWS(CAL)-1960-9-8
HIGH COURT OF CALCUTTA
Decided on September 19,1960

INDRAPURI STUDIO PRIVATE LIMITED Appellant
VERSUS
EMPLOYEES' STATE INSURANCE CORPORATION Respondents

JUDGEMENT

P.N.Mookerjee, J. - (1.) On April 2, 1957, the Regional Director of the Employees' State Insurance Corporation, Calcutta, applied before the Employees' Insurance Court, West Bengal, at Calcutta, for recovery of a sum of Rs. 2,128/- as "employees' contribution" from opposite party No. 1, Messrs. Indrapuri Studio Private Ltd., and opposite party No. 2, the 'principal employer', he being the Manager of the aforesaid Company. The application was made under Section 75(2) of the Employees' State Insurance Act, 1948, and the claim was for the period August 14, 1955 to December 31, 1956.
(2.) The application was contested by both the respondents opposite parties whose principal objections were: 1. That the company opposite party No. 1 was not a 'factory' and, accordingly, the Act had no application to the case, and the opposite parties had no liability thereunder; 2. That the opposite parties had no liability under the Act for the "employees' contribution" and, in any event, they, not having deducted any amount from the wages and salaries of the employees on account of the said contribution, could not be made to pay any amount on that account.
(3.) Both the above contentions were rejected by the learned Judge, who constituted the original Tribunal, -- the Employees' Insurance Court, --under the Act and he allowed the application of the Regional Director and made an order, directing the opposite parties to pay to the said applicant the amount of Rs. 2128/- as "employees' contribution" for the period August 14, 1955, to December 31, 1956, with costs. From this order, the present appeal has been filed by the two opposite parties.;


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