HARDEV SINGH Vs. EMPLOYEES STATE INSURANCE COMPANY

JUDGEMENT

(1.) Heard. The inspector of the Employees State Insurance Corporation Shri D. K. Sethi visited the premises of the Durga Metal Works on January 27, 1967 found 5 contractors and 16 other regular workers working in the factory. One Shri K. K. Pathak the supervisor was present in the premises of the factory. The inspector demanded inspection of the attendance register, wages register, cash book and ledger from December 1963 to July 1964. It appears that the record was not produced then nor later and the Corporation raised a demand of contributions as follows : 1. Rs. 1252.64 on account of employees' contribution for the period October 1, 1966 to August 21, 1968; 2. Rs. 1479.76 on account of employer's contribution w.e.f. October 1, 1966 to January 27, 1968.

(2.) Since this amount was not paid, the Corporation requested the Collector of Delhi to effect recoveries by an application of November 20, 1968. Apprehending coercive process to issue for the recovery, Hardev Singh proprietor of the Durga Metal Works filed an application in the Employees Insurance Court on November 1 1, 1969 praying for an injunction against the Corporation and the Collector restraining them from recovering the aforesaid amounts. The court by its order dated November 26, 1970, refused to grant injunction for recovery of the principal amount but directed the respondents not to recover any interest thereon.

(3.) The petitioner Hardev Singh has filed this appeal under Section 82(2) of the Employees State Insurance Act, 1948, (herein the Act), on the ground that a substantial question of law arises in the appeal.