MANAGEMENT Vs. JOINT REGIONAL DIRECTOR

JUDGEMENT

(1.) The above Appeal has been filed by the Management challenging the Dismissal Order in E.S.I.O.P. No.59 of 2006 on the file of the Labour Court, Madurai.

(2.) According to the Appellant, the Corporation had initiated proceedings demanding the E.S.I. Contribution for the Wages paid to the Employees, who were engaged through Contractor. Though the Management had sent a proper reply on 19/9/1989, an order was passed by the Corporation under Sec. 45- A of the E.S.I. Act demanding a sum of Rs.51,605..00 The said order of E.S.I. Corporation was challenged before the E.S.I. Court in E.S.I.O.P. No.50 of 1989. The E.S.I. Court after considering the submissions made on either side, allowed the Petition on 21/9/1993. The E.S.I. Corporation had filed C.M.A. No.1095 of 1997 challenging the said order before the High Court. The High Court was pleased to allow the Appeal filed by the Corporation and confirmed the Order passed under Sec. 45-A of the E.S.I. Act.

(3.) Despite confirmation of the order under Sec. 45-A of the Act, the Management has not paid the contribution amount. Hence, a notice of Recovery, dtd. 3/8/2006 was passed claiming a sum of Rs.1,83,607.00 including the interest under Sec. 39-5(a) of the E.S.I. Act. A Prohibitory Order was also passed on 14/8/2006. These two orders were challenged before the Labour Court, Madurai in E.S.I.O.P. No.59 of 2006. After considering the submissions on either side, the Labour Court was pleased to dismiss the Appeal. Challenging the same, the Management has filed the present Appeal.