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1977 Supreme(Ker) 344

P.A.MOHAMMED, S.MARIMUTHU
Regl Director ESI Corpn – Appellant
Versus
Kerala Wheat Flour Roller Mill – Respondent


JUDGMENT

P.A. Mohammed, J.

1. This is an appeal filed under Section 82 of the Employees' State Insurance Act, 1948 (for short 'the Act'). The appellant is the Regional : Director, E.S.I. Corporation, Trichur who challenges an order passed by the Employees' Insurance Court, Calicut (Industrial Tribunal, Calicut) under Section 75 of the Act. The respondent is the 'establishment' to which the provisions of the Act applies.

2. The E.S.I. Inspector conducted an inspection of the above establishment on March 14, 1984 and made a report that the respondent had paid a sum of Rs 28,682.33 as wages for the construction of the office building through a contractor. According to the Inspector, the said amount paid to the employees through the contractor is 'wages' coming within the meaning of Section 2(22) of the Act and hence the respondent is bound to pay the contribution in respect of it. Accordingly, the Inspector made a demand calling upon the respondent to pay a sum of Rs. 2,007.75 as contribution for the period April 1, 1982 to March 31, 1983. Like wise a demand was made to pay Rs. 834.18 as contribution for the amount spent as wages for the maintenance and repair of the building. As against




























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