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2021 Supreme(SC) 1107

K.M.JOSEPH, PAMIDIGHANTAM SRI NARASIMHA
Employees’ State Insurance Corporation – Appellant
Versus
Kakinada Municipality – Respondent


Advocates:
Advocate Appeared:
For the Appelant : Mr. Santosh Krishnan, AOR
For the Respondent: Mr. C. Nageswararao, Sr. Adv. Mr. Sateesh Galla, Adv. Mr. M. Vinodin Routh, Adv. Mr. N. Rajaraman, AOR

JUDGMENT :

K. M. JOSEPH, J.

(1) Respondent No. 1 is a municipality. There is a factory which ran under the name and style of M/s. Victoria Water Works and controlled by the first respondent. The said factory was covered under the Employees’ State Insurance Act, 1948 (hereinafter referred to as ‘Act’ for brevity) from 12.01.1965. Contributions under the Act were paid by the respondent No. 1, according to the appellant till 31.12.1996. The appellant issued show cause notices proposing assessment for the period from which the first respondent was in default in the matter of payment of contributions. Various orders demanding sums as found due from the first respondent were issued. A speaking order under Section 45A of the Act was passed on 04.10.2001. It is on 05.02.2002 that the first respondent filed application purporting to be under Section 75(1)(g) of the Act before the Employees Insurance Court. The reliefs which have been sought in the said application are noticed as follows:

    “(1) to declare that the Petitioner Municipality being a local self Government, functioning under the statute and providing better amenities to its employees is covered by the provisions to sub-section 4 of Se

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