DLF POWER LIMITED GURGAON Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) THIS appeal is directed against the order passed by Civil Judge (Sr.Division), Faridabad dated 2.1.2009 whereby an application filed by the appellant under Section 75 of the Employees' State Insurance Act, 1948 (for short 'the Act') for waiving off deposit in terms of Section 75 (2B) of the Act has been dismissed.

(2.) IN the petition, the appellant has challenged the order dated 16.10.2000 passed by the respondent under Section 45 -A of the Act vide which the appellant has been asked to deposit Rs.3,26,445/ - within 15 days towards contribution for the period from 1992 -93 to 1993 -94 along with interest amounting to Rs.33,147/ - up to 31.8.2000. The aforesaid demand was raised by the respondents on the ground that appellant's factory was inspected by the Area Inspector on 26.4.1994, 16.4.1995 and 21.5.1998 and found that during the period of 1992 -93 and 1993 -94, there were some omitted wages.

(3.) THE learned Court below observed that question of payment of the disputed amount can only be decided after the evidence is brought on record. At this stage, it can not be decided as to whether any representation was made by the appellant or not. In any case relying upon the provisions of Section 75(2B) of the Act, the Court found that there is no ground to waive off the mandatory deposit of 50% amount due and dismissed the application. It was further ordered that appellant shall deposit 50% of the disputed amount i.e. Rs.3,59,582/ - in the Court within one month which shall be deposited in the shape of FDR in the name of Court initially for a period of 2 years and after the decision of the petition that amount along with interest shall be paid to the party entitled to the same.