EMPLOYEES STATE INSURANCE CORPORATION THROUGH ITS REGIONAL DIRECTOR BIHAR ESIC BHAWAN Vs. DEPUTY REGIONAL DIRECTOR EMPLOYEES STAT INSURANCE CORPORATION BIHAR ESIC BHAWAN

JUDGEMENT

(1.) THE appeal is directed against the order dated 23rd of January, 2009 passed by the Presiding Officer, Labour Court & Authority under Employees' State Insurance Court, Patna (hereinafter referred to as "the Labour Court") in E.S.I. Case No.17 of 1997, whereby on an application of the respondent under section 75(1)(g) of the Employees State Insurance Act, 1948 (hereinafter referred to as "the Act") it is held that the demand of contribution by the employer- respondent was bad in law and not sustainable.

(2.) THE case of the respondent-M/S New Basant Vihar, in short, is that the restaurant does not cover within the ambit of the Act as the number of employees working in the restaurant at the material time was less than 20 and also nothing is prepared in the said restaurant with the aid of the electric power and as such, since the Act is not covered, the contribution of the employer under the Act as demanded by the appellants for the period April, 1995 to June, 1996 was not correct. THE respondent on receipt of the notice for such demand replied stating that the Act is not applicable to the respondent-restaurant, which is not within the ambit of the Act and as such, the demand of contribution is not correct and justified in law. Upon considering the claim of contribution and the reply of the respondent, an order under section 45-A of the Act was passed. THE respondent on being aggrieved filed aforesaid E.S.I. Case No.17 of 1997, which was disposed of, as indicated above.