EMPLOYEES STATE INSURANCE CORPORATION Vs. TRICHY DISTRICT CO OPERATIVE MILK PRODUCERS UNION LIMITED TIRUCHIRAPALLI

JUDGEMENT

(1.) These four appeals arise out of a common order passed by the learned District Judge of Tiruchirappali made in E. S. I. O. P. Nos. 1 to 4 of 1976 and E. S. I. O. P. No. 1 of 1977, dated 23.7.1986 in which E. S. I. O. P. Nos. 1 to 4 of 1976 were filed by the Trichy District Co-operative Milk Producers Union Limited, represented by its Managing Director under Section 75 of the Employees State Insurance Act, praying to declare order passed by the Employees State Insurance, directing the petitioner to pay a sum of Rs. 26,225.77 as employees contribution for the period from 28.6.1967 to 30.0.1973 as illegal, void and unenforceable in E. S. I. O. P. No. 1 of 1976 to pay a sum of Rs. 24,886.50 covering for the period from 1.7.1973 to 31.3.1975 in E S.I. O. P. No. 2 of 1976 to the above said effect to pay a sum of Rs.27,396 as contributor for the period covering from 30.6.1970 to 30 6,1973: to the above said effect in E. S. I. O P. No 3 of 1976 and to pay a sum of Rs. 3,120 as contribution covering for the period from 1.4.1975 to 26.7 1975 as illegal, void and unenforceable in E. S. I. O. P. No. 4 of 1976. However, since there was no appeal filed against the order passed by the learned District Judge in E. S .I. O. P. No. 1 of 1977 of the same common order by either parties, the other appeals alone were heard on merits.

(2.) Since the four appeals warrant a common question of law arising between the same parties, with the consent of the Bar all the four appeals were heard together and disposed of by rendering this common judgment.

(3.) The short facts of the case as called out from the records are extracted as eereunder : The Tiruchirappli District Co-operative Milk Producers Union Limited, registered under the Act 6 of 1932 functioning to cater the milk to the consuming public was having their networks spread over throughout the District and the collections made thereon are received pasteurised and distributed to the consumers. During the said process, the various employees of the said Union come admittedly under the categories and definitions provided under the Employees' State Insurance Corporation Act. For the said reason after making the necessary inspection, studying working conditions and the nature of business with its employees and so on, necessary materials were collected by and on behalf of the appellant herein as provided under Section 45-A of the Employees State Insurance Corporation Act (hereinafter referred to as the 'Act'), on the basis of which, draft contributions were prepared and sent to the Union inviting their response in order to collect the contributions as provided under the Act. The draft orders sent by the E. S. I. Corporation have been marked as Exs. A-5 and A -6. The follow-up communications asking for the reasoning and explanation and directions given to the appellant Union are covered under Exs. A-1 to A-4, which are dated 10.7.1975 and 11.11.1975. Though the Milk Producers' Union sent the various communications challenging and representing their contentions, validity and the basis of contributions required, as evident from Exs. B-1 to B-14 on various grounds, the matter has not reached its finality. However, at this stage it appears that the above four petitions have been filed before the Court below under Section 75 of the Act Consequently another E. S. I. O. P. No. 1 of 1977 was also filed on behalf of the Union for the return of certain amount made by way of contribution already.