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2006 Supreme(Mad) 2146

K.SUGUNA, ELIPE DHARMA RAO
Bharat Heavy Electricals Ltd. – Appellant
Versus
The ESI Corporation – Respondent


Appearing Advocates:For the Petitioner:Sanjay Mohan for M/s. Ramasubramanian Assts. For the Respondent:G. Desappan, Advocate.

Judgment :-

(Petition under Art.226 of the Constitution of India, praying for a Writ of Certiorari and call for the records connected with the order No.TN/INS.II 51-4766-21 dated 8-3-1993 on the file of the respondent ESI Corporation and quash the same.)

Elipe Dharma Rao, J.

On an order of reference dated 11-04-2000 passed by a learned single Judge in the above writ petition, the matter is placed before us for consideration of the following issue:

"Whether in an enquiry initiated under Sec.45-A of the Employees State Insurance Act, the contractors of the principal employer should be made as parties or not?"

2. The reference arose under the following fact situation:

Employees State Insurance Corporation (in short ESI Corporation') issued a notice dated 3-9-1992 to Bharat Heavy Electricals Limited (in short 'BHEL') pointing out that they had not till then paid the employer's as well as the employees' contribution as per the provisions of the Employees State Insurance Corporation Act (in short 'the Act') and that the Corporation is proposing to determine the contribution payable under Sec.45-A of the Act. The notice also afforded an opportunity to BHEL to explain their stand. The notice al


























































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