EMPLOYEES STATE INSURANCE CORPORATION THROUGH REGIONAL OFFICE Vs. SHIV PLASTI INDUSTRIES RATLAM THROUGH PROPRIETOR ASHOK KUMAR

JUDGEMENT

(1.) BEING aggrieved by the order dated 22/09/06 passed by ESI, Labour Court, Ratlam in Case No.02/ESI/96 whereby application filed by respondent under Section 75 of ESI Act was allowed, present appeal has been filed.

(2.) SHORT facts of the case are that the respondent filed a petition under Section 75 of Employees Insurance Act, 1948 whereby it was prayed that the order dated 07/03/96 issued by appellant be quashed. In the petition it was alleged that the provisions of ESI Act are not applicable to the respondent as at the relevant time there were seven employees who were working with the respondent and three employees were in security services, for which payment is not being made by the respondent. In the application it was alleged that in the inspection which was conducted by the appellant on 09/05/96 also same position was found on spot. The application was opposed by the appellant. In reply it was alleged that in the year 1992 respondent informed that seven employees are working and in 1993 it was informed that three persons are working as security guard and since 10 employees are working with the respondent, therefore, respondent was liable to deposit the requisite amount of its contribution under Section 75(2)(B) of ESI Act. It was prayed that the application filed by the respondent be dismissed. After framing of issues and recording of evidence learned Court below allowed the application filed by respondent, against which present appeal has been filed.

(3.) LEARNED counsel for respondent submits that no illegality has been committed by the learned Court below in passing the impugned order. It is submitted the appeal field by the appellant be dismissed.