- (1.) This appeal has been preferred against the judgment dated 15th July, 2006 passed by Presiding Officer-cum-E.S.I. Court, Ranchi in connection with E.S.I. Case No.14 of 2002, whereby petition filed by the appellant under Section 75(1)a and g of the Employees' State Insurance Act, 1948 (hereinafter to be referred as 'Act') has been dismissed and order dated 11th February, 2002 passed by the Deputy Director, E.S.I. Corporation under Section 45-A has been held legal and enforceable.
(2.) The case of the appellant, in brief, is that the appellant is registered under Bihar Shops and Establishment Act and it provides security services and private investigation. It is contended that number of employees in the establishment had never been more than ten, but the appellant in order to provide benefit to its employees and to get coverage under the Act has voluntarily applied for its registration with E.S.I. Corporation and agreed to abide by the Act and Rules envisaged under the Act. The appellant had been regularly depositing employees' contribution as well as contribution to be paid by the employer and returns were duly filed. Due to absence of staff, who had been dealing with the matter, contribution for the period from 1st September, 1995 to 31st March, 1996 and from 1st August, 1996 to 31st July, 1998 had not been deposited inadvertently. Further plea has been taken that numbers of employees at the relevant point of time were below ten and this fact was not taken note of by the respondents.
(3.) The Respondent-Deputy Director, E.S.I. Corporation, issued a notice dated 20th August, 1998 under Form-C 18, fixing date of personal appearance of the appellant on 24th September, 1998. It was submitted that no such notice was ever served upon the appellant and, therefore, it could not appear before the authority on 24th September, 1998.;