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1970 Supreme(Gau) 37

P.K.GOSWAMI, D.M.SEN
Tara Chand Mohan Lal – Appellant
Versus
Employees State Insurance Corporation – Respondent


Advocates Appeared:
N.M.Lahiri, N.M.Ganguly, B.K.Das

GOSWAMI, C. J.:- This appeal under Section 82 (2) of the Emmpoyees' State Insurance Act, 1948, hereinafter called 'the Act', Is by a firm of partner­ship under the name and style "M/s. Tara Chand Mohan Lai", owning a factory dealing in production of mustard oil and dhal. Appellant No. 2 is the Manag­ing Partner.

2. An application was made by the Insurance Inspector under Section 75 (2) of the Act praying for a decree for Rs. 3497/- being the employees' contri­bution in respect of 37 labourers work­ing in the factory during the period 28-9-1958 to 31-12-1960. The Inspector paid a visit to the factory on 21-1-1963 and found "37 persons (employees) em­ployed by the contractor for the purpose of weighing, drying, filling, loading etc., mustard seeds, M. Oil. soldering of tins of mustard oil etc.. inside the premises of the factory". He recorded the names of these employees found working at the premises along with their Sardars, Topeswar Tewari and Loton inside the factory. He was in the factory from 12 noon to 2 P. M. and Inspected the khata. attendance register and wage registers produced before him by the employers. According to him, these Sardars are im­mediate employers and Mohanlal





















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