IMPERIAL CONSTRUCTION COMPANY Vs. EMPLOYEES STATE INSURANCE CORPORATION
LAWS(CAL)-2019-9-36
HIGH COURT OF CALCUTTA
Decided on September 11,2019

Imperial Construction Company Appellant
VERSUS
EMPLOYEES STATE INSURANCE CORPORATION Respondents

JUDGEMENT

Sabyasachi Bhattacharyya, J. - (1.) The petitioner is an enlisted electrical contractor with the Calcutta Electric Supply Corporation Limited (CESC) under its Mains Department on and from December 7, 2000. The terms and conditions of the contract between the CESC and the petitioner are reflected in a letter issued by the Manager, Mains Distribution of the CESC, to the petitioner, which comprised of the agreement between the two.
(2.) The grievance of the petitioner is that, by an order dated August 23, 2017, passed by the Deputy Director of the Employees' State Insurance Corporation, purportedly under Section 45A of the Employees' State Insurance Act, 1948 (hereinafter referred to as "the ESI Act"), it was determined that the petitioner was liable to pay its contributions totalling Rs.39,96,135/- for the period from March, 2013 to December, 2016 in lieu of its liabilities under the ESI Act. The said order treated the petitioner to be one of the principal employers and the petitioner was ordered to pay the said amount within sixty days from the date of the order, failing which it was directed that the amount would be recovered under Section 45-C to 45-I of the ESI Act.
(3.) It was also indicated in a footnote to the said order that, in case the petitioner was not satisfied with the said order, it might prefer an appeal to the Appellate Authority as may be provided by regulation, within sixty days of the date of the order, after depositing twenty-five percent of the contribution so ordered or the contribution as per his own calculation, whichever was higher, with the Corporation.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.