ESI CORPORATION Vs. BHIMA & BROTHERS

JUDGEMENT

(1.) This Miscellaneous First Appeal is preferred by the Employees State Insurance Corporation (hereinafter referred to as the appellant or "ESI Corporation"), under Sec. 82(2) of the Employees State Insurance Act, 1948, (hereinafter referred to as "the Act"), challenging the legality and correctness of the order dtd. 4/6/2015, passed by the Employees Insurance Court at Mysore in ESI Application No.08/2009. By the said order, the ESI Court allowed the application filed under Sec. 75 of the Act by M/s Bhima and Brothers Jewellers, (hereinafter referred to as "respondent"), and set aside the contribution demand of Rs.77,139.00 raised by the appellant under Sec. 45-A of the Act.

(2.) The facts leading to the appeal, in brief, are that:

(3.) The learned ESI Court, after recording the evidence of both the sides and considering the documents placed on record, found that the impugned contribution demand was unsustainable and accordingly set aside the order passed by the Corporation. Aggrieved by the same, the Corporation has filed the present appeal.