BHARAT HEAVY ELECTRICALS LTD Vs. ESI CORPORATION
LAWS(SC)-2008-2-46
SUPREME COURT OF INDIA
Decided on February 14,2008

BHARAT HEAVY ELECTRICALS LTD. Appellant
VERSUS
ESI CORPORATION Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) Appellant herein is a Public Sector Undertaking. It used to engage contractors for various purposes. It received a notice on or about 3.9.1992 purported to have been issued under Section 45A of the Employees State Insurance Act, 1948 (for short the Act) on the premise that they had not deposited the Employees State Insurance contribution for the period 19.7.1981 to 30.9.1991.
(3.) In its show cause, in response to the notice issued by the respondents, the appellant stated that the workmen concerned had been engaged by the contractors who would be in possession of the relevant records to show as to whether or not any contribution was payable or whether the Act was applicable in respect of the concerned workmen. A list of contractors along with their addresses who were involved during the period in question was annexed to the said show-cause. A prayer was made before the Authority to implead the said contractors as parties in the said proceedings under Section 45A of the Act as immediate employers.;


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