- (1.) Matter has come up on 2nd stay application. At joint request, matter was finally heard and is being disposed of at admission stage.
(2.) Instant petition has been filed assailing notices dt. 17/09/2009 (Ann. 6 & 7) whereby petitioner-Firm has been directed to pay contribution in terms of the Employees State Insurance Act, 1948 ("ESI Act"). It appears from the record that petitioner-Firm is duly registered under Rajasthan Shop & Commercial Establishment Act, 1958. Officers of respondents-Corporation conducted survey of petitioner-Firm and taking note whereof, their records were examined and thereafter notices dt. 17/09/2009 (Ann. 6 & 7) were served and after taking note of objections made by petitioner Firm, respondents finally held that the Act is applicable and petitioner Firm is liable to pay contribution payable under ESI Act.
(3.) Counsel for petitioner submits that after notice was served on 14/12/2004, impugned notice was served after almost five years on 17/09/2009 and without having considered their objections raised it has been held that the that provisions of the ESI Act are applicable, and petitioner-Firm is under legal obligation to be pay the contribution. Counsel further submits that Under Section 75 of ESI Act, cause of action for initiating proceedings in terms of Sub-section 1(b) of Section 77 commenced and accrued from the date of issuing notices and since in the instant case, claim qua petitioner-Firm for payment of contribution has been raised by respondents only vide notices impugned dt. 16/09/2009, as such respondents cannot be held to be justified in directing for contribution prior thereto and such action of respondents is in clear violation of the Scheme of ESI Act.;