- (1.) THIS appeal under Section 82 of the Employees' State Insurance Act, 1948 (for short 'the Act'), is directed against the order of the Employees' Insurance Court, Amritsar (for short 'the Insurance Court1), dated November 25, 1988, whereby it rejected the Sudershan Weaving Factory vs. Employees' State Insurance Corporation and Anr. (24. 11. . . . Page 2 of 6 g Factory vs. Employees' State Insurance Corporation and Anr. (24. 11. . . . Page 2 of 6 application under Section 75 of the Act filed by the employer.
(2.) THE Employees' State Insurance Corporation (for short, 'the Corporation') determined the contribution payable by the employer for the period November 20, 1976, to March 29, 1978, amounting to Rs. 6,336. 75 under Section 45-A of the Act. This order was served upon the employer which led to the filing of the application under Section 75 of the Act. The order was assailed principally on the ground that the employer had not employed twenty workers without power and ten workers with power during the relevant period. It was further pleaded that the employer does not fall within the ambit of the term "factory" as defined in Clause (12) of Section 2 of the Act. The Corporation controverted the pleas made in the petition and pleaded that the factory is partly working on powerlooms and partly on handlooms. If a factory is using power, in that case the factory is covered under the Act if ten or more workers are employed and in case where power is not used at all, in that case the factory is covered under the Act where twenty or more workers are employed. ,
(3.) FROM the pleadings of the parties, the following issues were framed: (1) Whether the respondent-Corporation is not entitled to recover the contribution on ad hoc basis. (2) Whether the recovery certificate issued by Respondent No. 1 is illegal, invalid and without jurisdiction ? (3) Relief.;