CENTRAL INDIA SPINNING WEAVING AND MANUFACTURING COMPANY LIMITEDAND THE EMPRESS MILLS NAGPUR Vs. EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) These three appeals at the instance of the Central India Spinning, Weaving and Manufacturing Company Limited (The Empress Mills), Nagpur are directed against the common judgment dated 13th December, 1974 by which three applications under the Employees State Insurance Act, 1948 ("The Act of 1948" for short) have been disposed of. Insurance Case No. 12 of 1966 has been filed by the Employees State Insurance Corporation ("The Corporation" for short) claiming a sum of Rs. 21,855.83 as unpaid employees, contribution for the period July 1954 till November 1965. The Empress Mills has filed Insurance Case No. 2 of 1969 and Insurance Case No. 9 of 1970 for a declaration that the amount forcibly recovered from it by the Corporation was in fact not payable. Inasmuch as the controversy about liability---factual as well as legal---was common, by agreement of parties, these three cases were consolidated, common evidence was recorded in Insurance Case No. 12 of 1966 and the three matter was disposed of by one judgment.

(2.) By and large, the factual dispute was whether in respect of the following categories of employees, employees contribution was payable :--- ) Loading and Unloading of coal. ii) Loading and Unloading and stacking of cotton bales. iii) Embossing of Jari on cloth. iv) Preparation of designs and samples. v) Centralized machinery repair account.

(3.) The trial Court has rejected the major part of the factual contentions raised on behalf of the Mills holding that in respect of all the five categories the contribution was payable. Inasmuch as before me the controversy is confined only to the aspect of limitation, it is unnecessary to state the factual side of the controversy in details.