LAWS(KER)-2016-5-91

UNO SECURITY SERVICES 39/4024 C, PENGALTU BUILDING, SREEKANDATH ROAD, RAVIPURAM, KOCHI Vs. THE REGIONAL DIRECTOR E.S.I. CORPORATION, PANCHADEEP BHAVAN, THRISSUR

Decided On May 17, 2016
Uno Security Services 39/4024 C, Pengaltu Building, Sreekandath Road, Ravipuram, Kochi Appellant
V/S
The Regional Director E.S.I. Corporation, Panchadeep Bhavan, Thrissur Respondents

JUDGEMENT

(1.) This appeal arises out of the judgment of the Employees Insurance Court, Alappuzha in I.C. No. 39/2007, an application filed by the respondent herein under Sec. 75 read with Sec. 77 of the Employees State Insurance Act, 1948 (hereinafter referred to as 'the Act'), seeking for a declaration that Ext.P5 order dated 11.5.2007 of the appellant assessing and demanding Rs. 1,71,482.00 under Sec. 45A of the Act towards contribution on omitted wages, relating to the period from 1.7.2000 to 30.6.2006 is unsustainable.

(2.) By judgment dated 20.11.2009, the court below held that the respondent is not liable to pay Rs. 13,923.00 towards contribution on difference in salary as per ledger and challan for the year 2000-01; Rs. 10,490.00, Rs. 20,535.00 and Rs. 19,043.00 towards contribution on uniform allowance; Rs. 18,234/- towards contribution on utility allowance; Rs. 46,854/- towards contribution on travelling and utility allowance; and Rs. 38,766/- towards other allowances. The claim made on other heads were declined holding that the respondent is liable to pay Rs. 260.00 towards short payment; Rs. 202.00, Rs. 868.00 and Rs. 2365.00 towards contribution on wages paid to casual labourers; and Rs. 202.00 towards contribution on office cleaning charges.

(3.) Aggrieved by the judgment of the court below dated 20.11.2009, the appellant is before this Court in this appeal under Sec. 82 of the Act.