- (1.) Heard learned counsel for the parties.
(2.) Vide impugned judgment dated 26.06.2009, passed in W.P.(C) No. 7034 of 2005, learned Single Judge quashed the order of attachment of the demand, raised against the writ petitioner, on the part of Employees State Insurance Corporation (in short 'ESIC'), appellant herein and directed it to refund the amount attached together with statutory interest to the writ petitioner. During pendency of the appeal, the amount attached has been refunded to the writ petitioner by the ESIC. Application for exemption, under Section 87 of the Employees' State Insurance Act, 1948, filed by respondent No.5 therein/ respondent No.3 herein, has been rejected by the State Government, as admitted by the said respondent through counter-affidavit filed on 24.04.2018. In terms of the undertaking given by this respondent before the Writ Court, it is under an obligation to pay the demanded amount to ESIC.
(3.) The writ petitioner, through its affidavit, filed in the present appeal, on 09.04.2018, has taken plea that the writ petitioner-company and respondent No.3-ISWP Limited are distinct entities in law. It, therefore, cannot be the principal employer within the meaning of Section 2(17) of the Employees' State Insurance Act, 1948 from whom liability of the respondent No.3 can be recovered.;