ORDER

1. Heard learned counsel for the parties.

2. This appeal has been filed against the judgment and order dated 14.11.2002 of the High Court of Delhi at New Delhi whereby the appeal filed by the respondent No. 1 herein has been allowed and it has been declared that the respondent No. 1 Board is not liable to make any contribution towards the Employees State Insurance in respect of the impugned demand.

3. The facts in detail have been given in the impugned judgment and hence we need not repeat the same herein.

4. It appears that the appellant had issued a notice under Section 45-A of the Employees State Insurance Act, 1948 (hereinafter for short ‘the Act’) for making employer’s contribution towards the employees state insurance. The respondent No.1 Board challenged that notice before the Employees State Insurance Court, Delhi. It appears that neither the workers concerned of the respondent No. 1 Board nor any one of them in representative capacity were made parties in the petition under Section 75 of the Act before the Employees State Insurance Court or before the High Court.

5. The Employees State Insurance Court decided in favour of the appellant and against the respondent No.