- (1.) Heard Mr. A.K.Ganguli, learned senior counsel for the respondent No. 1
(2.) The High Court by its order dated 08.03.2006 in FAO No. 236 of 1982 reversed the order dated 04.03.1982 passed by the Employees Insurance Court, Patiala whereby it was held that the Atta Mohammad Ram Swarup, Behari Ram, Ram Dev, Deep Chand, Bansi Lal, Mohinder Ram, Harnam Singh, Bani Ram and Hari Singh are the employees of the appellant within the meaning of Section 2(9) of the E.S.I. Act and challenge to the notice dated 18.09.1976 made by the appellant has been repelled. The ESI Court has considered the evidence in detail. It has considered evidence of several witnesses i.e. PW1 to PW8 particularly the Executive Officer of the appellant.
(3.) His statement clearly indicate that the payment was made by the employer. However, the workman were employed through a contractor. As per the work done, the bill submitted by the employees were paid by the employer. Photo state copies of the bills have been submitted. It was also admitted that all these persons have worked during the year 1972-1983 and they worked for several years on contract basis. The ESI inspector has also given a report that they were found working at the time of inspection made on 14/15 January, 1994 under the direct supervision of the employer. And they worked in supervising employer. The Inspector ESI had also been examined in the case. His statement has also been considered by the ESI court. He has also stated as found by the ESI Court that the employer had made payment for the work which was done. He stated that Atta Mohammad and Ram Swarup were washing clothes at the time of inspection on the Bank of company in the premises of the factory. However, the High Court without examining the evidence and the reasoning employed by the ESI Court in a perfunctory manner reversed the findings of the ESI Court which could not have been done within ken of the appellate jurisdiction.;