ORIENT PAPER MILLS Vs. REGIONAL DIRECTOR ESIC

JUDGEMENT

(1.) THIS is an appeal under Section82 of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act') filed by Orient Paper Mills challenging the validity of the order passed by the district Judge-cum-Employees' Insurance court arising out of a petition filed under Section 75 of the Act for certain declarations.

(2.) BRIEFLY stated, the case of the appellant (Orient Paper Mills) is that it is a factory located at Brajarajnagar in the district of Sambalpur duly registered under the Factories Act, 1948, being owned by M/s. Orient Paper and Industries Limited, an existing company under the Companies Act, 1956. The appellant is engaged in manufacturing of paper and paper board and is covered under the Employees' State Insurance Scheme in respect of its workers/employees of muster roll and there is no dispute regarding their coverage, contribution or any other matter. It is the allegation of the applicant that the respondent, the Regional Director of the E. S. I. Corporation illegally and erroneously assessed a sum of Rs. 7, 19, 140/- towards contribution of employees in respect of four organisations with which the appellant is no way concerned. Those organisations are-

(3.) THE respondent filed its objection before the Insurance Court contending, inter alia, that the appellant being an employer engaged in the manufacturing process of paper and paper-board and all the employees for whom the impugned assessment was made, were engaged in supply, transport and distribution of raw materials to the manufacturing unit and their engagement being incidental to the manufacturing process, and the appellant is bound to pay the contribution.