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1996 Supreme(SC) 2006

G.T.NANAVATI, K.RAMASWAMY
Goodyear India – Appellant
Versus
Regional Director, Employees State Insurance Corporation – Respondent


ORDER

This appeal by special leave arises from the judgment of the Punjab and Haryana High Court, made on January 30, 1985 in FAO No.21/85 and C.M. No. 192-CII.

2. The appellant-establishment was covered under the provisions of the Employees State Insurance Act, 1948 (for short, the Act ). On December 1, 1982, a demand was made of the appellant to contribute the amount under the Act to the fund of the Corporation for the period from 28.1.1968 to 31.10.1979 for the establishment at Bangalore and from 28.1.1968 to 31.8.1979 for the establishment at Indore. Initially, a contention had been raised by the appellant that these establishments are not covered under the Act and there is no relationship of employer and employee between the workmen and the appellant. This controversy was covered by a three Judge Bench decision of this Court in Kirloskar Brothers Ltd. v. Employees State Insurance Corporation1 wherein this Court had held that the appellant is covered by the provisions of the Act and is liable to contribute the amount to the Fund of the Corporation to ensure insurance coverage of the employees working under the appellant. In this appeal, the controversy is as to the limitation























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