B.R.ARORA, J. - (1.) THIS appeal is directed against the order dated January 24, 1989, passed by the Judge, Employees State Insurance Court, Jodhpur, by which the learned Judge of the E.S.I. Court dismissed the application under Order 39 rules 1 and 2 read with Section 151 C.P.C., filed by the appellant and refused to grant temporary injunction in favour of the plaintiff.
(2.) PLAINTIFF M/s Rahimbux Nabooji Chhipa filed an application under Section 75 of the Employees State Insurance Act, challenging the demand of Rs. 23,825.57p. raised by the E.S.I. Corporation, Jodhpur. Alongwith the suit, an application under Order 39 rules 1 and 2 read with Section 151 C.P.C. was, also, filed, which was dismissed by the learned E.S.I. Court. It is contended by the learned Counsel for the appellant that the appellant factory is not covered by the E.S.I. Act as it has less than twenty employees and is running without any power. It is, also, contended by the learned Counsel for the appellant that no proper opportunity of hearing was given to the plaintiff -appellant before issuing the demand under Section 45 of the E.S.I. Act and no proper enquiry under Section 45 of the E.S.I. Act was made by the E.S.I. Corporation before raising the demand. The learned Counsel for the respondents, on the other hand, has supported the order passed by the E.S.I.
(3.) I have considered the submissions made by the learned Counsel for the parties.;