The judgment and order dated 20.11.2003 passed by the learned E.S.I. Court in E.S.I. Case No. 7/2000 has been called in question in this appeal under Section 82 of the Employees’ State Insurance Act, 1948 (hereinafter referred to as ‘the ESI Act’).

2. One Ashis Agarwal claiming to be proprietor of M/S Super White Industries, Katahbari, Guwahati-25, filed an application under Section 75 of the ESI Act before the E.S.I. Court stating that two notices were served on him on 05.01.1998 and 07.04.1998 asking for a sum of Rs. 6,435/- as contribution for the period from April, 1997 to September, 1997 and also demanding recovery of the same, were not maintainable and illegal inasmuch as, the ESI Act itself is not applicable to his firm. He stated that he maintained muster rolls, wage register, cash book etc. and on 05.03.1998, an inspector of the E.S.I. Corporation visited his concern. He wrongly described the concern to be a partnership one with one Sajjan Agarwal who has no relation in connection whatsoever, with the business at all. The aforesaid notices dated 05.01.1998 and 07.04.1998 were wrongly issued considering that the firm of the petitioner is a factory within the me