SANGHVI CYLINDERS PVT. LTD., REP. BY SRI K.V. PRASAD ACCOUNTS MANAGERS Vs. THE ASST. DIRECTOR AND THE RECOVERY OFFICER, BOTH OF THE EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) APPELLANT is the applicant in the unnumbered ESI Application pending on the file of the Employees State Insurance Court at Hubli (for short "Court"). Appellant has filed an application under Section 75 of the Employees State Insurance Act, 1948 (for short 'the Act') against the Respondents for setting aside the order passed by the Respondents claiming a total sum of Rs. 20,77,620/ -towards ESI contribution from October 2000 to March 2003 and April 2004 to March 2006 and Rs. 55,328/ - and Rs. 50/ - being interest. Along with the application, Appellant had filed IA No. 1 under Section 75 of the Act for waiving of deposit of 50% of the contribution amount. IA No. 2 was filed in the Court for stay of operation of the order passed under Section 45(A) of the Act. Both IA 1 and 2 have been rejected and the applicant was directed to deposit Rs. 10,66,499/ - within 15 days from the date of the order. The application was directed to be registered, if the said amount is deposited. Seeking to set aside the order passed on IA No. 1 and to direct the Court to register the case for adjudication without insisting the deposit, this appeal has been filed.

(2.) WE have heard the learned Counsel for the Appellant and perused the record.

(3.) SECONDLY , he contended that the Respondents are not justified in determining the ESI contribution on the total amount paid to the contractors for their work, without segregating the labour charges.