REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPORATION BANGLORE Vs. GOPALAKRISHNA TEXTILES MILLS PRIVATE LIMITED BANGLORE

JUDGEMENT

(1.) THIS appeal by the Regional Director, ESI Corporation is directed against the order passed by the ESI Court on ESI Application No. 37 of 2005 by which order the application field by the respondent -applicant challenging the order passed by the Corporation under Section 45 -A of the Employees' State Insurance Act, 1948 demanding contribution from the respondent was set aside and the application was allowed.

(2.) LEARNED Counsel appearing for the appellant -Corporation argued that the coverage that was sought by passing an order dated 31 -3 -2005 under Section 45 -A of the ESI Act was for the period from April 1997 to March 1998 in a sum of Rs. 11,336/ - in respect of the security guards who are deputed to work in the establishment of the respondent -applicant. The Court below, without there being any evidence placed in proof of contribution in respect of security guards having already been paid by the employer concerned, allowed the application and as such the impugned order is perverse one. Merely because the 1st respondent took up the stand that the security guards were covered under the ESI by their employer viz., M/s. Eagle Hunters without there being any document produced in proof of contribution being paid in respect of the security guards in question, the Court below could not have allowed the application filed by the respondent.

(3.) THEREFORE , impugned order is set aside.