CHRISTIAN ASSOCIATION FOR RADIO AND AUDIO VISUAL SERVICES (CARAVS) Vs. EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) The appellant-original applicant has filed miscellaneous appeal under section 82 of the Employee's State Insurance Act, 1948 against an order dated 17th January, 2011 passed by the Employee's Insurance Court (cwm-Labour Court) Jabalpur, whereby the above mentioned Employees Insurance Court has dismissed a stay petition filed by the present appellant before it.

(2.) Relevant facts are that previously present appellant filed a writ petition under Article 226 of the Constitution of India bearing W.P. No. 926/1995 against an order dated 23rd January, 1995 passed by the Dy. Regional Director, Employee's State Insurance Corporation by which he has raised a demand of Rs. 1,98,941/-. Main plank of assail was that the present appellant is not covered under the ESI Act, 1948. This Court vide order dated 26th June, 1995 while issuing notice to the respondent of writ petition directed stay of operation of the demand subject to deposit of 50% of the demanded amount. The above-mentioned writ was finally decided by this Court vide an order dated 18th May, 2008 observing that if the amount as previously directed by this Court has been paid, the Dy. Regional Director ESI Corporation shall afford an opportunity of hearing to the petitioner to substantiate how the petitioner is not covered under the purview of the Act and it was further observed that if the amount has been deposited, the respondent shall hear the petitioner and finalize the matter within a period of four months.

(3.) It appear from the record of the Employee's Insurance Court, Jabalpur that the present appellant as applicant filed an application under section 75 of the Employee's State Insurance Act, 1948 on 19th December, 2007, whereby final prayer is made that by allowing petition it be declared that the provisions of ESI Act, 1948 are not applicable to present appellant. A stay petition was also filed before the Employees Insurance Court, Jabalpur which has been dismissed by the impugned order. Hence, this miscellaneous appeal has been filed.