SINGH, J. - (1.) HEARD the learned counsel for the appellant and perused the impugned order dated 29. 05. 1998.
(2.) A perusal of the impugned order dated 29. 05. 1998 shows that the application filed by the respondent Bharat Motors has been allowed because the provisions of Sec. 45a of the Employees State Insurance Act, 1948 are not complied with. The main contention of the learned counsel for the appellant is that the Sec. 45a of the Employees State Insurance Act, 1948 was not applicable and, therefore, there is no necessity of giving any opportunity of hearing or of showing cause to the respondent before passing the order of demanding the sum of Rs. 16, 196/-from the appellant. I have carefully perused the provisions contained in Sec. 45a of the Employees State Insurance Act, 1948. This Section empowers the Corporation to determine the amount of contribution payable in respect of the employees of the factory or establishment in all cases including where no returns, particular registers or records are submitted, furnished or maintained in accordance with the provisions of Sec. 44 or any Inspector or other official of the Corporation referred to in sub-section (2) of Sec. 45 is (prevented in any manner) by the principal or immediate employer or any other person, in exercising his functions or discharging his duties under Sec. 45. A bare perusal of this Section shows that before determining the amount of contribution to be paid by the factory or establishment, the principal or the immediate employer or the person incharge of the factory of establishment has to be given a reasonable opportunity of being heard in accordance with the proviso given below of sub-section 1 of the Section 45a. I do not find any force in the submission made by the learned counsel for the appellant. This appeal has no merits and it deserves to be dismissed and is hereby dismissed. Further, it is made clear that nothing contained in judgment and decree dated 29. 05. 1998 shall prevent the appellant from commencing the proceedings for the determination of the contribution under Sec. 45a, if there be sufficient grounds to adopt such a course.
(3.) THE appeal is disposed of accordingly. .;