EMPLOYEES STATE INSURANCE CORPORATION (THROUGH ITS REGIONAL DIRECTOR) Vs. RADHA MAHESHWARI W/O S.M. MAHESHWARI

JUDGEMENT

(1.) APPELLANT has filed this appeal under Section 82 of the Employee State Insurance Act, 1948 (for short as "Act") against judgment of Senior Civil Judge, Delhi, dated 29th April, 2002, vide which petition under Section 75 of the Act, filed by respondent, was allowed.

(2.) THE brief facts of this case are that respondent is stated to be carrying on business of fabrication of garments since 1st February, 1983 in the name of M/s Radha Maheshwari. It is her case that number of persons employed by her in the business, never exceeded 17. No power is being used. Appellant's Inspector visited the business establishment of the respondent and informed that since, she was using an over -locking machine which operates with power, her establishment was liable to be covered under the Act. Accordingly, appellant issued an order dated 23.12.1991, creating a liability of Rs. 38,270/ - on account of ESI contribution for the period 1st April, 1985 to 25th March, 1988 in the name of respondent.

(3.) ON 28th July, 2003, this matter was admitted and came up for hearing on 27th July, 2009. On that date, none appeared on behalf of respondent. It remained continuously on board since 27th July 2009. As nobody appeared on behalf of respondent since that date, on 3rd August, 2009, arguments advance by counsel for appellant were heard.