DEPUTY DIRECTOR Vs. J.H.S. SCHOOL

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the respondent.

(2.) This appeal is filed challenging the order dtd. 21/12/2018 passed in ESI Application No.31/2017, on the file of the Employees State Insurance Court, Bengaluru allowing the application filed by the respondent herein under Ss. 75 and 76 of the Employees State Insurance Act, 1948 ('the Act' for short) praying the Trial Court to set aside the notice dtd. 3/4/2017 and the Trial Court directed the appellant herein to reassess the payable contribution on actual basis, after taking into consideration about the attachment through the Garnishee, within three months from the date of order.

(3.) The main contention of the learned counsel for the appellant is that the very order impugned is erroneous, without jurisdiction and no order has been passed and only a notice was issued to determine the damages towards the belated payment of contribution and ought not to have invoked Sec. 75 of the Act challenging the notice since there was no any order at all. The very remitting the matter for consideration is erroneous.