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2001 Supreme(Bom) 117

R.J.KOCHAR
Rainbow Industries – Appellant
Versus
Regional Director, E. S. I. Corporation, Colaba – Respondent


JUDGMENT - R.J. KOCHAR, J.:---The petitioner-company is aggrieved by the decision of the respondent to cover the petitioner-company under the provisions of the Employers State Insurance Act, 1948 (ESI Act). It is further aggrieved by an order passed by the competent authority under section 45(A) of the ESI Act determining the amount of contribution payable in respect of employees of the petitioner's factory and a further order passed by the competent authority under section 45(C) of the ESI Act issued to the Recovery Officer for recovery of the arrears of the ESI contribution payable by the petitioner company. Finally it has also challenged the order of Employees Insurance Court (EI Court) passed on 20th January, 1998 in Application (ESI) No. 96 of 1986 filed by the petitioner company to challenge the aforesaid orders passed by the competent authority under the Act. The EI Court has exercised its jurisdiction to decide the said application under section 75 of the Act holding that on the facts and circumstances of the case and oral and documentary evidence the petitioner company was rightly covered under the ESI Act and was liable to pay the contribution determined by the Regional






























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