LAWS(DLH)-2009-10-152

MOBILE CENTRE PETROL PUMP NEW DELHI Vs. EMPLOYEES STATE INSURANCE CORPORATION REGIONAL DIRECTOR NEW DELHI

Decided On October 13, 2009
Mobile Centre Petrol Pump New Delhi Appellant
V/S
Employees State Insurance Corporation Regional Director New Delhi Respondents

JUDGEMENT

(1.) APPELLANT has filed this appeal under Section 82 of Employees State Insurance Act, 1948 (for short as ,,Act) against order dated 9th December, 2000, passed by Senior Civil Judge, Delhi, vide which petition of appellant was dismissed.

(2.) BRIEF facts are that appellant is a partnership concern and is running a Petrol Pump near Tis Hazari. Its records were inspected in the year 1984, 1987, 1988 and 1990 by the Inspector of respondent - Corporation. On May, 1980, appellant was informed by respondent that attendants of the Petrol Pump are not covered under the Act. It is further alleged that on February, 1988, respondent, informed Delhi Petrol Dealers Association that coverage of Petrol Pump would be enforced from 1st January, 1987, but appellant was covered from 29th September, 1981. Appellant protested against it, but to no use.

(3.) RESPONDENT in its written statement did not deny most of the averments made in the petition. However, it denied that respondent is estopped from covering the appellant from 29th September, 1981. It also denied that notification issued by Delhi Administration is not legal and coverage cannot be affected beyond seven years. Respondent also denied that, appellant did not employ more than twenty workers.