R. SRIVALLI Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition was filed seeking the following relief:

(2.) Contents of the affidavit filed by the Writ Petitioner, in brief, are that 2nd respondent awarded a Tender vide Proceedings No.E5/122(7)/2012-RM (NLR), dtd. 13/3/2012 specifying her contract only for Two (02) years, and it was further mentioned that it can be extended for One (01) more year; that the said contract specified the number of workers as Four (04) Sweepers and One (01) Attender and also specified the amount at Rs.28,901.00 per month. The said proceeding confirms the total employees limited to Five (05) only.

(3.) Respondent Nos.1 and 2 filed counter-affidavit, denying the contents of the Writ affidavit, contending inter alia that the ESI Act, 1948 has been enacted for the benefit of workers to render medical benefits to them and their family, as enumerated in Sec. 46 of the ESI Act, 1948. The Writ Petitioner is the Proprietor of M/s. R.Srivalli Labour Contractor and an Establishment under Sec. 1 (5) of the ESI Act, 1948 with Code No.79000282330001001 (previously 52000282330001001) and the same was communicated vide Form C-11 dtd. 26/11/2007 with effect from 1/7/2007. The Writ Petitioner is required to pay the contributions under Ss. 40 and 44 of the ESI Act, 1948 read with Regulations 26, 29 and 31 of the ESI (General) Regulations, 1950.