ESI CORPORATION Vs. PREMIER MATCH INDUSTRIES

JUDGEMENT

(1.) The order and judgment dated 19.12.2017 passed in E.I.O.P.No.4 of 2013 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The Substantial Question of law mainly raised by the appellant is that whether the employees engaged by Senthil Scoring Industries and Priya Slitters are the employees of Respondent under ESI Act and whether they fall within the definition of "employees" as defined under Section 2(9) of the ESI Act.

(3.) Section 2(9) of the ESI Act defines "Employee". In order to establish, records must be available. The officials of the appellant Corporation conducted an inspection of the records of the factory on 23.10.2007. The Inspector, who conducted the inspection though directed the Management of the company to produce records, the learned counsel for the appellant states that they have not produced any records. Therefore, they have verified the Attendance, Wage Register, Books of Accounts and arrived a conclusion that the two companies are one and the same. The two companies are administered by the family members and accordingly, assessed the liability and fixed the contribution to be payable.