LAWS(BOM)-2007-11-125

REGIONAL DIRECTOR,EMPLOYEES STATE INSURANCE CORPORATION Vs. TULSIANI CHAMBERS PREMISES CO OPERATIVE SOCIETY

Decided On November 02, 2007
REGIONAL DIRECTOR; EMPLOYEES STATE INSURANCE CORPN AND ORS Appellant
V/S
TULSIANI CHAMBERS PREMISES And ORS Respondents

JUDGEMENT

(1.) In 2004 First Appeal No.844/2004, the Appellant is a Corporation incorporated under Employees State Insurance Act, 1948 (for short, 'ESI Act'). The respondent is a co-operative society incorporated and registered under the Maharashtra Cooperative Societies Act, 1960 having its registered office at Tulsiani Chambers, 212, Nariman Point, Bombay 400 021.

(2.) On 2.4.1986 an Officer from the Appellant visited the respondent's premises for inspection. On 8.9.1988, the appellant sent a letter to furnish complete and correct information in respect of the respondent society. On 4.1.1989, the appellant issued a letter to the respondents reminding them of the unpaid dues. On 5.1.1989, the appellant's officer visits the respondent's premises to verify the records.

(3.) On 10.1.1989, the appellant issues a letter to the respondents informing them that they are covered by the ESI Act and requesting immediate compliance. On 17.1.1989 a show cause Notice by the appellants issued to the respondents in form C-18 and provided for a personal hearing on 30.1.1989. On 14.2.1989 a Recovery Order under Section 45-A passed by the appellants against the respondents. On 20.2.1989 the respondents replied to show cause notice.