JOINT REGIONAL DIRECTOR Vs. CREATIVE DRESSES PVT. LTD.

JUDGEMENT

(1.) This MFA is filed by the appellant - ESI assailing the order dtd. 31/1/2017 passed by the Employees State Insurance Court, Bengaluru in E.S.I. Application No.53/2011.

(2.) We have heard Shri. N.S. Narasimha Swamy, learned counsel appearing for the appellant and Shri. Joseph Kanikaraj, learned counsel appearing for the respondent.

(3.) Respondent - Establishment is a Company covered under the Employees State Insurance Act, 1948 ('ESI Act' for short) engaged in manufacturing of Dress Materials business. They have not paid the contribution from January 2007 to March 2009. The same was observed on verification of records on 13/8/2010, 7/9/2010 and 9/9/2010. A detailed inspection report along with the additional remarks was sent to regional office. Subsequently, appellant issued a show-cause notice dtd. 4/11/2010 to respondent, proposing to determine the contribution under Sec. 45-A of ESI Act. Respondents were given opportunity of personal hearing and called upon to produce the records and an order under Sec. 45-A of ESI Act was passed on 2/5/2011 assessing the contribution of Rs.29,18,281.00. The said order was challenged by the respondent. On 29/8/2011, appellant authority passed a detailed order and rejected the appeal. Respondent has approached the ESI Court and sought to set aside the order dtd. 31/1/2007, has partly allowed the said application, restoring the quantum of contribution due to Rs.50,000.00 only.