P.B. Bajanthri, J. - (1.) - In the present petition, the petitioner has assailed the order dated 18.11.2013 passed by the Deputy Director, ESIC, SRO, Gurgaon - 1st respondent and the order dated 31.12.2013 passed by the Appellate Authority-cum-Sub Regional Director, ESI Corporation, Gurgaon -2nd respondent.
(2.) The petitioner-firm is engaged in fabrication and export of garments and accessories. It has been registered under the Employees' State Insurance Act, 1948 (for short 'the Act'). M/s M.R. Stitch Well is an establishment, having separate registration under the Act. It has done job work for the petitioner. The 1st respondent inspected the petitioner's premises on 24.9.2008, 12.1.2011 and 26.6.2012. On 12.1.2011 surprise inspection was conducted by the vigilance team of 1st respondent - ESI Corporation. Pursuant to the inspection report on 18.9.2013 show cause notice was issued to the petitioner in Form C-18, to show cause within 30 days as to why the contributions for the default be not be determined as proposed in the said notice and recovered from the petitioner. In case of any objection to the determination proposed in the said notice, an opportunity of personal hearing to represent petitioner's case with relevant records in person or through an authorised representative has been offered to the petitioner for appearance on 15.10.2013 at 11.00 A.M. The petitioner was also requested to furnish full particulars/statement of actual contributions payable by the petitioner for the said default. During inspection, the vigilance team noted down the names, designations, wages etc. of the workers found in factory and obtained their signatures also as 'Exempt Wages' which was contrary to the facts brought out during physical verification. Thus show cause notice was issued proposing to determine contribution on the wages purportedly shown as non-coverable wages etc.
(3.) On 30.9.2013, petitioner by way of letter informed 1st respondent that inspection team already collected both information and documents and further a detailed reply was submitted on 10.10.2013.;