EID PARRY INDIA LIMITED Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) The present appeal assails the order dtd. 15/12/2004 in E.I. Case No.52 of 2001 on the file of the Court of the Employees Insurance Court and Chairman, Industrial Tribunal-I, Hyderabad (for short, the Tribunal), whereunder and whereby the order dtd. 23/5/2001 passed by the first respondent under Sec. 45-A of the Employees' State Insurance Act, 1948 (for short, the Act), was confirmed whereunder the liability of the appellant was fixed for Rs.16,112.00.

(2.) The case of the respondents - Corporation is that Inspectors of ESI Corporation conducted inspections on the premises of the appellant on 17/7/1987, 28/3/1989, 28/8/1990 and 25/4/1991, and verified the records of the appellant and found that contributions in respect of labours/employees engaged for execution of the works for the expenditure incurred under the heads of mixing the processing charges and repairs and maintenance were not contributed. The appellant was directed to comply the defects through the letters dtd. 27/7/1989, 4/10/1990, 28/12/1990, 3/7/1991 and 9/12/1991. It is the further case of the respondents - Corporation that the appellant, having receiving such notices, neither complied with the directions nor raised any grievance before the Tribunal under Sec. 75 of the Act, as such, the claim disputing to the demands is barred under Sec. 77(1-A) of the Act. When there was no response from the appellant to the correspondence made by the Corporation, a final notice dtd. 8/4/2001 was issued calling explanation from the appellant for proposed action under Sec. 45-A of the Act. The appellant submitted an explanation claiming that the records pertaining to the period mentioned in the notice dtd. 8/4/2001 were not available with it since the period for preservation of the records was completed. Having dissatisfied with the explanation, the Corporation passed the order dtd. 23/5/2001 determining the liability of the appellant at Rs.16,112.00. Aggrieved by the same, the appellant herein invoked the jurisdiction of the Tribunal by filing E.I. Case No.52 of 2001.

(3.) The Tribunal has upheld the order dtd. 23/5/2001 of the Corporation vide order dtd. 15/12/2004. Challenging the same, the appellant filed the present appeal.