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2023 Supreme(Mad) 481

R. VIJAYAKUMAR
M. Subramani – Appellant
Versus
Assistant Regional Director The Employees State Insurance Corporation Madurai – Respondent


Advocates appeared:
For the Appellant:V.O.S. Kalaiselvam, Advocate. For the Respondents:R. Ravindran, Advocate.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 82(2) of the ESI Act, 1948, to set aside the Fair and Ex-order of the Employees State Insurance Court (Labour Court) Madurai in E.S.I.O.P.No.99 of 2007 dated 08.12.2015 and allow the appeal.)

1. The present appeal has been filed by the employer challenging the order of the E.S.I.Court confirming the the order of the E.S.I.Corporation passed under Section 45-A of the E.S.I.Act.

2. According to the appellant/employer, he is running a small wood working shed where lathe turning, plaining and cutting are being carried out. There are no employees in the said Unit and one Shanmugam who is the relative of the employer is taking care of the Unit and he is receiving 40% out of the total income. The outside Carpenters used to bring their work on their own and get it plained in the machine belonging to the petitioner. Since there are no employees, the petitioner has not maintained any Attendance Register or Wage Register.

3. The E.S.I.Inspector had visited the petitioner Unit on 09.11.2006 and made some entry in English and asked the petitioner to sign it. Thereafter, no notice was served upon the petitioner for any personal hearing

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