THE TITAGHAR JUTE FACTORY CO LTD. Vs. THE REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION W.B. & ORS.

JUDGEMENT

(1.) The appellant The Titaghur Jute Factory Co Ltd. is a company incorporated in the United Kingdom and has its principal place of business in India. It has a jute factory known as "Titaghur Jute Factory Go Ltd. No. 2 Mill" at Titaghur, Khardah in the district of 24 Parganas. Messrs. Thomas Duff & Co. (India) Limited has been and is the agent of the appellant to look alter its business in India. The provisions of the Employees' State Insurance Act, 1948 thereinafter referred to as "the said Act") are applicable to the appellant's aforesaid Jute Factory and according to the appellant it has been paying contributions as required by and in accordance with the provisions of the said Act.

(2.) A notice bearing No. 4l-3205/Ins. III/9567 dated 25th March, 1977 was issued to The Titaghur Jute Factory Co, Ltd. No. 2 Mill" by the Regional Director, Employees' State Insurance Corporation, the responded No. 1 in this appeal By the said notice proceedings were initiated against the appellant for recovery of damages under Sec. 85-B(1) of the said Act for contravention mentioned in the said notice. The said notice along with its annexures are set out hereunder:-

(3.) On 29th April, 1977 the appellant made a written representation to the respondent No. 1 against the said notice. Thereafter, by a notice bearing No. 41-3205.00 Ins. III dated 19th May, 1977 issued by the Assistant Regional Director, Employees' State Insurance Corporation the appellant was requested to appear before the Regional Director on 15th June, 1977 at 3 30 p.m. fora personal hearing as desired by the appellant Pursuant thereto a personal hearing was granted to the appellant on 15th June, 1977. It is stated by the appellant that on the date its representative attended the hearing and made the following submissions :