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2022 Supreme(Jhk) 1355

ANIL KUMAR CHOUDHARY
Employees’ State Insurance Corporation – Appellant
Versus
S. and S. Combines – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashutosh Anand.
For the Respondent: Pandey Neeraj Rai.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the parties.

2. This appeal has been preferred under Section 82 of the Employees’ State Insurance Act, 1948 against the order dated 12.01.2012 passed by the Presiding Officer, Labour Court-cum-E.S.I. Court, Jamshedpur in E.S.I. Case No. 3 of 2002 by which the learned E.S.I. court has allowed the application filed by the applicant who is the sole respondent in this appeal filed under Section 75 (2) (a) of the E.S.I. Act, 1948, after holding that as the applicant has no knowledge about the Act before August, 1997 and the code number was allotted to him in August, 1997 vide Ext.4. Hence, the applicant could not deposit the contribution for the period in question and the act of the applicant is not deliberate act. Hence, the applicant is not liable to pay the contribution of E.SI of that period.

3. The case of the applicant in brief is that the applicant is the partnership firm and he is the contractor of TISCO Limited, Jamshedpur for executing the work of cleaning, painting and other miscellaneous work inside TISCO works. M/s. TISCO Limited is exempted from the application of provision of E.S.I. Act and the said Act was made applicable to the c

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