EMPLOYEES STATE INSURANCE COPORATION Vs. VIPIN KUMAR SINGLA

JUDGEMENT

(1.) In both these appeals, the common question of law and facts is involved, hence taken up together for its decision. Heard and gone through the record.

(2.) The facts of complaint No. 25/3/2000 in Appeal No. 592/2001 be noticed thus. The complaint was filed by the appellant under Sections 39, 40(1) and 43 read with Section 85(e) of the Employees' State Insurance Act, 1948, in short "the Act", in the Court of learned Chief Judicial Magistrate, Sirmaur district at Nahan, alleging therein that the respondent-Company was required to submit the return of the contribution of its employees, to the petitioner-Corporation, but it failed to submit the return for the period w.e.f April, 1996 to March, 1999, a show cause notice was; issued in this behalf on August 13,1999, despite that the respondent-Company failed to deposit the aforesaid amount, thus, sought an action under the relevant provisions of the Act.

(3.) The learned trial Court dismissed the" complaint on twin points, firstly that the complaint is barred by time as per provisions of Section 86(3) of the Act and secondly, the Court had no territorial jurisdiction to try and hear the - complaint as the return was required to be filed at Chandigarh in the Regional Office of the Corporation, and no part of cause of action accrued within the jurisdiction of the Court, thus, dismissed the complaint.