LAWS(MAD)-2019-3-261

DEPUTY DIRECTOR Vs. HINDUSTAN LEVER LIMITED

Decided On March 14, 2019
DEPUTY DIRECTOR Appellant
V/S
HINDUSTAN LEVER LIMITED Respondents

JUDGEMENT

(1.) The appellant, the Deputy Director, Regional Office (Pondicherry), Employees State Insurance Corporation, is before us challenging the correctness of the order passed in W.P.No.36431 of 2004, filed by the first respondent herein. Respondents 2 and 3 are the employees of the first respondent and the fourth respondent is the Workers Union.

(2.) The first respondent herein filed the Writ Petition praying for issuance of a Writ of Certiorarified Mandamus to quash the proceedings of the appellant, dated 11.10.2004 and consequently forbear the respondent (appellant herein) from in any manner implementing the provisions of the Employees State Insurance Act, 1948, (the Act for brevity) to the first respondent factory situated at Pondicherry.

(3.) The proceedings which was impugned in the Writ Petition was an intimation given to the first respondent by the appellant informing that as per the provisions of the Act under Section 1(3) of the Act, the Central Government has issued notification, dated 26.12.1981, making the provisions of the Act applicable with effect from 27.12.1981, to all factories covered under the Act within the notified area. Attention of the first respondent was invited to Section 2A of the Act, which states that a factory within notified area is required to register under the Act and Chapter-IV thereof casts a responsibility on the Principal employer thereof to insure its employees and to pay contribution in respect of such employees covered under the Act. Further, it was stated that on the basis of the particulars in respect of the first respondent factory submitted by them, the Inspector of the Appellant has submitted a report stating that the first respondent's factory falls within the purview of Section 2(12) of the Act with effect from 01.01.2004. Therefore, the first respondent was requested to take immediate steps for registration of it's employees by filling in declaration forms, payment of contribution and maintenance of records etc., from the date of coverage of their factory under the Act. A code number was also allotted to the first respondent and requested them to give adequate publicity to its employees about the list of State Insurance Dispensaries to enable the employees to choose the dispensaries. In the foot note to the said communication, the activities done by the first respondent was mentioned as blending, processing and packing of black tea. The date of commencement was fixed as 01.01.2004 with the employees' strength of 141.