LAWS(BOM)-1992-3-10

JAYRAM KARSAN TANK Vs. DEPUTY REGIONAL DIRECTOR

Decided On March 06, 1992
JAYRAM KARSAN TANK Appellant
V/S
DEPUTY REGIONAL DIRECTOR Respondents

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order of the Employees Insurance Court at Nagpur dated 16th December, 1981 in Insurance Case No. 3 of 1980, alleging that the learned trial Court wholly misconceived the law while deciding the application filed by the appellant/applicant under section 75 of the Employees State Insurance Act, 1948.

(2.) THE appellant/applicant filed an application under section 75 of the Employees State Insurance Act, 1948 (hereinafter referred to as the Act) challenging Order No. INS/ii/ (3)/23/1498/91/"sf"/80-3019 dated 21st/22nd May, 1980, covering the period from December, 1977 to March, 1980, and directing to deposit Rs. 6,405/-, and Order No. 23-1498-91-"sf" 5075 dated 28th July, 1978 directing to pay Rs. 314. 70, as bad and illegal and to quash the same and further to stop the recovery proceedings initiated by the respondent before the Judicial Magistrate, First Class, Nagpur.

(3.) ACCORDING to the appellant M/s. Jayram Karsan Tank, it is a partnership concern registered under the Indian Partnership Act. It is also registered as a factory under the Factories Act and also registered under the Employees State Insurance Act from 27-11-1976 vide registration No. 23/1498/91/sf. The appellant/applicant complied with the statutory provisions of the Act and remitted contribution under the Act regularly upto 27th November, 1977. By a letter dated 10/13th December, 1977 the appellant/applicant informed the respondent that as the number of employees employed by the concern being less than 10 for a continuous period of 12 months i. e. from 27-11-1976 to 27-11-1977, the provisions of the Act and the regulations made thereunder ceased to apply with effect from 27-11-1977. Thus, on and from 27-11-1977 the appellant/applicant concern falls outside the scope of the Act. By letter (Exh. U-3) dated 25th July, 1978, the respondent directed the appellant to pay Rs. 314. 70 as contribution in respect of employee Baburao Nagoji More.