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1977 Supreme(SC) 104

P. S. KAILASAM, A. C. GUPTA, M. H. BEG
Employees State Insurance Corporation – Appellant
Versus
Central Press – Respondent


Advocates:
GIRISH CHANDRA, J.P.GOYAL, L.N.Sinha, SHRI PAL SINGH

Judgment

BEG, C.J.I. - This appeal by special leave arises out of the proceedings initiated on 12-7-1961 by the appellant Corporation, under S. 75 of the Employees State Insurance Act, 1948 (hereinafter referred to as the Act), claiming contributions from the respondents for various periods between 27-9-1959 and 31-3-1965, which they are liable to pay under S. 40 of the Act.

2. It appears that the respondents employers failed to maintain the registers or records and to submit returns of wages paid as required under S. 44 of the Act. Hence, the Insurance Court, which was called upon to adjudicate under S. 75 (1) (c) of the Act, on the matter in dispute, found itself unable to decide the question in issue. It dismissed the application on the ground that there was no provision for deciding such a dispute on an "ad hoc basis." We fail to understand what is precisely meant by "ad hoc basis." We find that S. 75 (2) of the Act provides, inter alia, that a claim for the recovery of contributions shall be decided by the Employees Insurance Court. Not only is the mandatory duty cast it to decide such disputes, but it is armed with the powers of a Civil Court, including summoning and enforcing







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