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2008 Supreme(SC) 1000

ARIJIT PASAYAT, P.SATHASIVAM
Goetze (India) Ltd. – Appellant
Versus
Employees State Insurance Corporation – Respondent


Judgment

Dr. Arijit Pasayat, J. —

1.Challenge in this appeal is to the Order passed by a Division Bench of the Punjab and Haryana High Court dismissing the writ petition filed by the appellant.

2.Controversy lies within a very narrow compass. Employees State Insurance Corporation (in short the ‘Corporation’), the respondent herein raised a demand for contribution under the Employees State Insurance Act, 1948 (in short the ‘Act’) on the component of efficiency bonus for the period January 1988 to September, 1989 by Order dated 23.7.1992. The demand was challenged before the ESI Court under Section 75 of the Act. Pending the proceedings before the ESI Court, Corporation by letter dated 1.3.1997 asked for production of record for the purpose of re-verification for the period from 1989 to 1991 and from 1992 to 1994 to determine the amount payable.

The respondent Corporation on re-verification determined the actual amount payable as follows :

(a)1/88 to 3/89 as Rs.2,26,454/-

(b)4/89 to 3/94 as Rs.5,28,071/-

________________

Total Rs.7,54,525/-

_______________

Appellant agreed to pay the contribution and paid the same in October/November, 1997. Appellant took the sta














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