RAINBOW INDUSTRIES Vs. STATE GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is a partnership firm engaged in the manufacture of L. T. Switch Gears and is carrying on its activities as a small scale industry in a gala situated in Shree Ram Co-op. Society at Goregaon, Mumbai. It is the assertion of the petitioner that the firm is covered under the provisions of the Employees State Insurance Act, 1948 effective from 1-7-1986. It is the further assertion of the petitioner than till 1st July, 1986 the firm had always engaged less than 10 employees for the purpose of carrying on its manufacturing activities and after it was covered validly as from 1st July, 1986, the firm has made contribution under the Act and the scheme framed thereunder and is also allotted code number under the Act.

(2.) IT appears that Inspectress of the E. S. I. Corporation visited the premises on 14-10-1983 and made certain report. The Regional Director of ESI Corporation held that the company was covered under the provisions of the Act from 14-10-1983 by his order dated 28-12-1983. It is alleged that the said order was passed without hearing the petitioner. Being aggrieved by the order, the petitioner demanded personal hearing from the Deputy Director. In the meantime the coverage of the petitioner was preponed from 1-7-1979 and consequent demand for contribution effective from 1st July, 1979 to 31st March, 1984 was made by letter dated 3-6-1985. The petitioner was heard by the Deputy Director of the respondent Corporation and an order under Section 45-A of the Employees State Insurance Act, was passed.

(3.) BEING aggrieved by the said order the petitioner-firm filed an application before the Employees' Insurance Court, Mumbai. The said application was numbered as Application (ESI) No. 96 of 1986. The aforesaid matter was placed before the Learned Judge, Employees Insurance Court, who was also President of the Industrial Court, Mumbai. The Corporation filed its written statement and opposed the application. The parties also filed some documents. The applicant adduced oral evidence before the Employees Insurance Court at Mumbai. The witnesses were examined between 8-8-1991 till 11-11-1993. At the relevant time Shri S. M. Limaye, President Industrial Court, was the member of one of the Employees Insurance Courts having jurisdiction over Municipal Corporation of Greater Bombay except N. S. and T. Wards. The said Shri Limaye recorded evidence, heard the respective counsel on different dates and ultimately the matter was adjourned for orders from time to time. While the matter was pending for judgment and order, Shri Limaye passed an order transferring all matters pending before him to respondent No. 4 Shri S. L. Mehendale, who was member of the Industrial Court. It is contended by the petitioner that Shri Mehendale without hearing the parties afresh, proceeded to pass order disposing of the application on 18-3-1996. It is contended by the petitioner that the order was passed by Shri Mehendale in his chamber. The aforesaid order of Shri Mehendale passed on 18-3-1996 is being impugned in this petition.