Gopal Krishan Vyas, J. - (1.) IN this miscellaneous appeal filed under Section 82 of the Employers State Insurance; Act, 1948, the appellant firm is challenging order dated 02.12.1994 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 by respondent, 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 enquiry and the department has proceeded against the firm, that, too, without giving any opportunity of hearing. 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 learred trial Court decreed the suit and, in this appeal, the appellant is challenging the finding of suit except finding on issue No. 4.
(3.) LEARNED Counsel for the appellant vehemently argued that judgment of the learned trial Court is bad in the eye of law. The plaintiff -appellant has proved its case leading proper and cogent oral and documentary evidence; but, learned trial Court has committed error while deciding all the issue except issue No. 4. Therefore, judgment with regard to rest of the issues deserves to be decided in favour of the appellant.;