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2023 Supreme(Bom) 1323

SANDIPKUMAR C. MORE
Paramount Agencies Pvt. Ltd. – Appellant
Versus
Deputy Regional Director E. S. I. Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.V. Dankh, Advocate
For the Respondent:Mr. V.D. Sonawane, Advocate

JUDGMENT :

1. Feeling aggrieved and dissatisfied with the judgment and order dated 30.11.1994 passed by the learned Judge, Employees’ State Insurance Court, Member, Industrial Court, Aurangabad (hereinafter referred to as “the learned trial Court”) in Application (E.S.I.) No. 4/1991, the appellant Company, who is the original applicant in the aforesaid Application, has preferred this appeal challenging rejection of it’s application.

2. The background facts are as under :

The appellant Company is covered under the Employees’ State Insurance Act, 1948 (for short, “the ESI Act”). Non applicant No.2, on the basis of inspection dated 06.12.1989, issued one letter dated 31.01.1991 to the appellant Company claiming an amount of Rs. 11,584/- towards contribution on the amount of conveyance shown by the appellant for the period from July 19856 to September 1990. The appellant Company had replied the same vide its reply dated 25.02.1991 and contended that it was not liable to pay such contribution since the conveyance allowance was exempted from the definition of ‘wages’ under Section 2 (22) (b) of the ESI Act. The appellant also claimed opportunity of being heard. However, again on 15.04.1991,

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