JUDGMENT :

1. Heard Mr. Pathak, learned counsel for the appellant and Mr. Naidu, learned counsel for Respondent Nos. 1(a) to 1(d).

2. By the present appeal, the appellant – Employees State Insurance Corporation (for short “ESIC”) challenges the order passed by the Employees Insurance Court, Mumbai dated 01.08.1988 in ESIC Application No. 130 of 1998, whereby the ESIC Court set aside the Order of ESIC in Form No. C-19, directing the occupier of the factory to pay ESIC dues in his personal capacity.

3. The questions of law that arises for consideration in the present appeal under Section 82 of the ESIC Act is as under :

(i) Whether the occupier (who is also one of the Directors), is personally liable for payment / recovery of ESIC contributions in case the company defaults in remittance of contribution of E.S.I.?

4. The facts giving rise to the appeal are summarised as under :

i. Ratansi Mulji, the deceased / original respondent No.1 was a Director of M/s. Gold Mohur Mills Limited (hereinafter referred to as the “Company”) which was an undertaking manufacturing textile fabrics. On account of strikes and disturbances the textile manufacturing closed down. The Textile Undertaking was taken