LAWS(KAR)-2017-11-257

HUBLITALUKA AGRICULTURAL PRODUCE CO Vs. ASSISTANT DIRECTOR

Decided On November 22, 2017
Hublitaluka Agricultural Produce Co Appellant
V/S
ASSISTANT DIRECTOR Respondents

JUDGEMENT

(1.) The present appeal is filed by the appellant-Society under section 82(2) of the Employees State Insurance Act (henceforth for brevity referred to as 'the ESI Act') challenging the order dated 31.10.2013 passed by the Employees State Insurance Court at Hubballi (henceforth for brevity referred to as 'the ESI Court') wherein the application of the present appellant filed under section 75 of the ESI Act came to be rejected.

(2.) The summary of the case of the appellant as could be gathered from the material placed before this Court that, it is a Co-operative Society registered under the Karnataka Co-operative Societies Act, 1959 engaged in promoting the sales of agricultural products. For some period during the year 1985-1986, it had underwent loss also. However, in January, 1990 the Society was served with a letter from the respondent allotting ESI Code under ESI Act and proposing to cover the appellant-Society retrospectively with effect from 28.2.1986. The respondent also issued Form No. C-18 notice dated 31.12.1990 claiming an amount of Rs. 1,15,281/- in respect of wages for the period from 28.2.1986 to 31.8.1990. Challenging the said order, the appellant preferred an application before the ESI Court under section 75 of the ESI Act. By passing the impugned order, the ESI Court rejected his application. Against the said order, the appellant has preferred this appeal.

(3.) Though this appeal is coming on for admission, with the consent of learned Counsel for both sides, the matter was taken up for final disposal.