GUPTA BROTHERS CONDUIT PIPE MANUFACTURING CO LTD Vs. REGIONAL DIRECTOR EMPLOYEES STATE INSURANCE CORPN

JUDGEMENT

(1.) Appellant is aggrieved against the order passed by the Employees' Insurance Court, Gurdaspur dated October 4, 1986 whereby the application filed by the appellant under Section 75 of the Employees' State Insurance Act, 1948 (hereinafter referred to as 'the Act') was dismissed.

(2.) The Employees' State Insurance] Corporation issued notice requiring the appellant to pay a sum of Rs. 25,139.85 on account of contribution from June, 1976 to March, 1981. Such recovery notice was challenged by the appellant before the Civil] Court as contemplated under Section 75 of the Act. It was found by the Court that the notice calling upon the appellant to make payment is illegal, null and void as the appellant was not given reasonable opportunity of being heard in accordance with principle of natural justice. However, the petition under Section 75 of the Act was dismissed for the reasons that the Employees' State Insurance Corporation is juristic person which has not been impleaded as party respondent. The application has been filed only against the Regional Director, Employees' State Insurance Corporation who is not a juristic entity.

(3.) In this appeal, the appellant has moved an application bearing C.M. No.646-CII of 1987, for amendment of the petition under Section 75 of the Act. The said application was ordered to be heard along with the present appeal.