GOPAL KRISHAN VYAS, J. - (1.) In this miscellaneous appeal filed under Section 82 of the Employees State Insurance Act, 1948, the appellant firm is challenging order dated December 2, 1994 passed by the ESI Court, Jodhpur, whereby, the appellant-plaintiff's suit has been partly decreed in ESI Case No. 2/1989.
(2.) Brief facts of the case are that against notice of recovery of Rs. 43,706 issued of respondents, a suit was preferred under Section 75 of the ESI Act, 1948. The appellant company is having its registered office at 5/6, Heavy Industrial Area, Jodhpur doing business of carpet yarn and gowar gum. According to the appellant-plaintiff, ESI was fully paid and impugned items on which ESI has been illegally imposed are not liable for levy of ESI without proper enquiry and the department has proceeded against the firm, that, too, without giving any opportunity of hearing.
(3.) In the suit, in all, eight issues were framed, out of which, issue No. 4 pertaining-to building repair and maintenance was decided in favour of the appellant and, it was held that ESI is not leviable for issue No. 1. But, for rest of the issues, the learned Trial Court decreed the suit and, in this appeal, the appellant is challenging the finding of suit except finding on issue No. 4.;