- (1.) THE three appeals before me were called on for hearing together as they raise common questions of law. Appeal No, 53 of 1965 is by the Employees' State insurance Corporation, hereinafter to be referred as the "corporation", and has been lodged under Section 82 of the Employees Insurance Act, 1948, hereinafter to be referred as the "act", against the judgment of the Civil Judge. Jaipur City, dated 30-4-1965 disallowing certain claims for employees' contribution under the act for a period anterior to 1-1-1959 namely, from 2-2-1956 to 31-12-1958. Appeal No. 54 of 1965 is again by the Corporation and is directed against the judgment of the learned Civil Judge dated 31-3-1965 disallowing certain claims. Appeal No. 58 of 1965 is by the Executive Engineer i. e. , the employer awarding a decree in favour of the Corporation in respect of certain items of claim.
(2.) I may narrate the facts with reference to Appeal No. 53 of 1965.
(3.) THE Corporation presented an application under Section 75 (2) of the Act for the recovery of employees' contribution amounting to Rs. 6,368/- against the executive Engineer, Public Works Department (B and R) Workshop, District Division, jaipur who was the opposite party. The corporation averred that it was a duly constituted Corporation under the Act and the P. W. D. , B and R Workshop, District division, Jaipur was a factory as defined in sub-section (12) of Section 2 of the act, with the result that the Executive Engineer was liable to pay to the corporation contribution for the benefit of the employees as required under section 40 (1) of the Act. It was further averred that the opposite party had become liable to pay employees' contribution to the Corporation with effect from 2-12-1956 from which date the scheme under the Act was implemented for the city of Jaipur. The Corporation proceeded to say that the amount of Rs. 6,368/had been calculated on an ad hoc basis in respect of the total wage bill of the employees. As regards the opposite party it was submitted in this connection that it had failed to submit the accounts in spite of repeated requests made by the corporation and consequently the account had been computed on the basis of the figures of the quarterly wage bills of the opposite party. Therefore, a decree for a sum of Rs. 6,368/- was prayed for. A request was also made for waiving the time limit provided under Rule 17 (1) of the Employees' Insurance Court Rules, 1959. The reason mentioned for it was that the application could not be filed within the prescribed time before the Employees Insurance Court (Civil Judge), as the opposite party was a Government factory.;