RAMDAS RAMRAO PARIKA Vs. LOCAL OFFICER

JUDGEMENT

(1.) This is an appeal by employer challenging partial rejection by the industrial Court at Akola of his application objecting to recovery of dues sought by Employees State Insurance Corporation (ESIC). According to the employer the appeal involves substantial question of failure of the Industrial Court to consider important evidence which has a direct bearing on the disputed issues resulting in a magnitudenal error.

(2.) The facts in the context of which this appeal has arisen could be recounted as under: the appellant runs a canteen at the state Transport Bus Stand at Akola and has two licences of running a canteen as well as hawking his wares at the S. T. Stand. The employees State Insurance Corporation informed the appellant that his establishment was covered by the provisions of Employees state Insurance Act from May, 1986, to October, 1989 also and demanded recovery of contribution with interest and damages. The employer, therefore, applied to the Industrial Court seeking an injunction to restrain this recovery sought to be effected by the Recovery Officer and tahsildar. The learned member of the Industrial Court held that since the employer was informed of his liability on 28th October, 1989 the employer has been paying the contributions diligently. Therefore, while the learned Member allowed the employer's appeal challenging recovery of interest and damages, the learned Member rejected the challenge to recovery of arrears of contribution from May, 1986 to October, 1989. Aggrieved thereby the employer has appealed.

(3.) The appellant/employer contends that the Industrial Court was not justified in concluding that there were 25 employees with the appellant during the relevant period, ignoring the admissions given by the insurance Inspector Shri Pande on whose report the recovery had been ordered by the Corporation. This failure on the part of the learned member of the Industrial Court to consider admissions of the Insurance Inspector Shri pande gave rise to a substantial question of law warranting admission of the appeal under section 82 of the Employees State insurance Act.