JUDGMENT :

Prayer: Civil Miscellaneous Appeal filed under Section 82 of the Employees Insurance Act, 1948, to set aside the order of the Labour Court, Coimbatore (Employees State Insurance Court constituted under ESI Act) dated 31.03.2010 made in ESIOP No. 55 of 2004.

1. The present Civil Miscellaneous Appeal has been filed under Section 82 of the Employees Insurance Act, 1948, against the order of the Labour Court, Coimbatore (Employees State Insurance Court constituted under ESI Act) dated 31.03.2010 and made in E.S.I.O.P.No.55 of 2004.

2. By the impugned order, the Labour Court had allowed the petition filed by the respondent under Section 75 of the ESI Act, 1948. In the said petition the respondent had challenged the order dated 28.06.2004 passed by the appellant under Section 45A of the Employee’s State Insurance Act, 1948 directing the respondent to pay a sum of Rs.49,886/-as contribution.

3. Earlier, the respondent was issued with a show cause notice dated 01.03.2004 to show cause as to why a sum of Rs.49,886/-should not be levied as contribution on the amount of Rs.7,67,462