CURIOUS KIDS NURSERY SCHOOL Vs. DY. DIRECTOR, ESIC

JUDGEMENT

(1.) Heard learned counsels.

(2.) The present appeal has been filed against the order dated 3/11/2010, whereby, learned ESI Court rejected the application of the appellant to reduce or waive the requirement of pre-deposit of 50% of the demand raised by the ESI Corporation to the tune of Rs. 1,88,141/-.

(3.) Learned counsel for the appellant submitted that learned court below has not looked into the financial position and availability of cash with the appellant School and such a huge demand raised by the ESI Corporation is liable to be set aside as the number of employees with the appellant School is below the cut off of 20 employees. He, however, does not dispute that private educational institutions like that of appellant are otherwise covered by the Notification under Sec. 1(5) of the ESI Act, 1948 issued on 12/10/2004, copy of which is placed on record by the learned counsel for the ESI Corporation, Mr. Raj Kamal Soni.