H.R.PANWAR, J. - (1.) This miscellaneous appeal is directed against the judgment dated May 24, 1995 passed by Employees Insurance Court (Civil Judge, Senior Division), Pali (hereinafter referred to as the EI Court) whereby the EI Court dismissed the application filed by appellant under Section 75-G of the Employees State Insurance Act, 1948 (for short the Act). Aggrieved by the judgment impugned, the appellant has preferred present miscellaneous appeal. I have heard learned counsel for the parties. Perused the judgment impugned and relevant material.
(2.) The appellant establishment is a partnership firm engaged in printing and dyeing of clothes having its factory at Pali, Rajasthan. It is contended that the said establishment is engaged in printing and dyeing of clothes (textile) since 1975. There are 13 to 14 persons working in the factory for printing and dyeing of clothes. Thus, the said establishment has more than 10 persons working with the aid of power, situated within the municipal area of Pali. On June 22, 1989, Inspector of respondent Employees State Insurance (for short the E.S.I. Inspector) visited and inspected the said establishment and submitted the inspection report Exhibit A/1. The representative of the appellant establishment submitted Form Exhibit A/2 stating therein that there are 13 to 14 persons working in the said establishment engaged in printing and dyeing of clothes. Thus, the ESI Inspector came to the conclusion that the appellant establishment is engaged in printing and dyeing of clothes by manufacturing process with the aid of power and, therefore, the appellant is an establishment within the meaning of Section 1(5) read with Section 2(12) of the Act.
(3.) A notice was sent to the appellant establishment raising demand of Rs. 18,672/- as employers contribution under the provisions of the Act. The said notice was received by the appellant. On receipt of the notice, the appellant filed an application under Section 75-B of the Act.;