LAWS(MAD)-2008-8-250

REGIONAL DIRECTOR Vs. ANANDHA SILKS

Decided On August 26, 2008
REGIONAL DIRECTOR Appellant
V/S
ANANDHA SILKS Respondents

JUDGEMENT

(1.) CHALLENGE in these civil miscellaneous appeals is to the common order passed in ESIOP nos. 12/2001 and 20/2001 by the Employees state Insurance Court, Tiruchirapalli.

(2.) THE respondent herein has filed ESIOP nos. 12/2001 and 20/2001 on the file of the employees State Insurance Court, tiruchirapalli, wherein the present appellant has been shown as respondent.

(3.) IT is stated in the petitions that the petitioner is a partnership firm and the petitioner has been doing cloth business. At any point of time, under the petitioner more than 18 employees have not served. Therefore, the petitioner has not come within the purview of employees' State Insurance Act (34 of 1948 ). The Inspector of the respondent has inspected the petitioner on several occasions and subsequently a notice has been issued, wherein it has been stated that from April 1, 1987 to June 30, 1990 the petitioner has to pay Rs. 7,488. 75 paise towards premium and further it has been directed that the petitioner should make personal appearance on December 24, 1990. The petitioner has given a reply notice dated december 19, 1990. The persons namely periyannan, Somasundaram and Shanmugam have served as partners of the petitioner and therefore, the petitioner is not liable to pay the amount demanded by the respondent. Further it is stated in the petitions that as per notice dated july 27, 1990 the petitioner is not liable to pay the amount of Rs. 26,085. 70 paise to the respondent. Under the said circumstances, with regard to the amount of Rs. 7,488. 75 paise, esiop No. 12/2001 has been filed and likewise, with regard to the amount of Rs. 26,085. 70 paise, ESIOP No. 20/2001 has been filed.