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2010 Supreme(P&H) 3026

T.P.S.MANN
Employees State Insurance Corporation – Appellant
Versus
Nirankari Bus Service (Regd. ), Patiala – Respondent


Judgment

T.P.S.Mann, J.

1. Instant appeal filed under Section 82(2) of the Employees State Insurance Act, 1948 (for short the Act) is directed against the judgment passed by Employees Insurance Court, Chandigarh on 10.3.1983, whereby application filed by the respondent under Section 75 of the Act was accepted and order dated 29.6.1979 claiming contribution amounting to Rs.26,605.70p. from the respondent was quashed.

2. In its application filed under Section 75 of the Act, the respondent had averred that it was a registered firm and its partner Karamjit Singh was competent to maintain the said application. It was alleged that the respondent-firm was not covered under the Act as it never employed 20 or more persons. The buses owned by the respondent were driven by the partners themselves and the partners did not fall within the definition of employee, as contained in Section 2(9) of the Act. Therefore, the demand made by the appellant vide order dated 29.6.1979 claiming contribution amount to Rs.26,605.70p. from the respondent-firm was illegal and liable to be set aside.

3. The appellant had contested the application on the grounds that the respondent- firm stood legally covered under


















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