ART PRESS OF INDIA (P) LTD. & ANR. Vs. EMPLOYEES STATE INSURANCE CORPORATION
LAWS(CAL)-1976-4-34
HIGH COURT OF CALCUTTA
Decided on April 04,1976

ART PRESS OF INDIA (P) LTD. And ANR. Appellant
VERSUS
EMPLOYEES STATE INSURANCE CORPORATION Respondents

JUDGEMENT

Manash Nath Roy, J. - (1.)In this appeal, the appellants have impeached the judgment and decree dated July 29, 1966. made in case No. 71 of 1964, by Shri J.N. Mandal, Judge, Employees' Court, West Bengal.
(2.)On or about Aug. 3, 1964 the Respondents herein (hereinafter referred to as the said Corporation) filed an application under section 75 (2) (a) of the Employees' State Insurance Act, 1948 (hereinafter referred to as the said Act), against the appellants (hereinafter referred to as the Company) for recovery of contribution amounting to Rs. 6,357.68P., alleging them to be a factory in terms of section 2 (12) of the said Act. It was also contended that the said Company were liable to pay their contributions under the provisions of section 40 (1) of the said Act and at the rates as provided in section 39 of the same read with Schedule 1. It was further alleged that the said Company failed and neglected to pay or deposit their due contributions for a period from 1957-1961, particulars of such default have been mentioned in a Schedule to the application. It has also been alleged that they were also guilty of laches for non-production of the relevant records, inspite of due demand.
(3.)The said Company in their turn admitted the coverage of their establishment under the said Act, at first since Jan. 1960 and thereafter they also admitted in the proceeding that they were in fact covered from 1959. They contended that they had no liability or any obligation to pay any contribution prior to the period of Jan. 1, 1960 as there were no coverage prior thereto. It was contended by them that only in Jan. 1, 1960, they were established as a factory in terms of a letter of Nov. 5, 1963, issued by the Chief Engineer of Factories. Apart from denying the material allegations in the application under section 75 (2) (a) of the said Act, the said Company denied the allegations that papers and necessary records and documents were not produced by them. They also denied the correctness of the calculation made by the said Corporation in support of their application and contended the same to be arbitrary and baseless.
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