SHYAM GLASS WORKS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Sanjay Kumar Srivastava, holding brief of Sri B.B. Paul, learned counsel appearing for the petitioners.

(2.) Recovery of employers contribution under Section 45-B of the Employees' State Insurance Act, 1948 (hereinafter called the 'Act'), is sought to be impugned by the petitioners in this writ petition under Article 226 of the Constitution of India.

(3.) The principal ground on which the recovery is assailed is that the factory run by the petitioners is a 'seasonal factory' within the meaning of Section 2(12) of the Act and as such the provisions of the Act shall not apply in view of the provisions contained in Sub-section (4) of Section 1 of the Act.