JOINT REGIONAL DIRECTOR, THE EMPLOYEES STATE INSURANCE CORPORATION Vs. MADURAI DISTRICT C-OPERATIVE MILK PRODUCERS UNION LTD.

JUDGEMENT

(1.) These Civil Miscellaneous Appeal has been filed to set aside the order dtd. 10/4/2013 passed by the ESI Court (i.e. Labour Court), Madurai in ESI OP No. 47 of 2003 and ESI OP No.37 of 2003 .

(2.) The brief facts of the case are as follows:

(3.) The learned Counsel for the appellant vehemently submitted that the order of the Trial Court is based on no evidence and the observation of the Court that there is no indication under Sec. 45(A) order as to whether it relates to the temporary or casual employees is incorrect. He further contended that the employer had never disputed that the contribution is in connection with the permanent employees. The contention of the employer before the ESI Court was that the relevant workers was not the contract employees. Having accepted the liability to pay the contribution and an amount of contribution being paid by the employer on 27/6/2002, the ESI Court ought not have interfered with the order passed by the appellant Corporation under Sec. 45(A) and 85(B). The order of the Trial Court is contrary to law. There is always a presumption under Sec. 114, illustration (e) of the Evidence Act, that an administrative action by Government is reasonable and in public interest. The person challenging the same has to prove that it is not reasonable and in public interest. In the absence of any oral evidence and in the absence of any witness on behalf of the petitioner, the Trial Court had no iota of evidence to support the case of the employer. On that basis, the learned Counsel for the appellant pressed for allowing the appeal.