D.Falshaw, J.

1. This is an appeal under Clause (10) of the Letters Patent against the order of Shamsher Bahadur, J. dismissing an appeal filed by the Birla Cotton Spinning and Weaving Mills, Delhi, against the order of the Senior Subordinate Judge, Delhi, acting as Judge of the Employees State Insurance Court under the provisions of the Employees State Insurance Act of 1948.

2. The matter is rather an old one since it arises from the fact that an employee of the appellant company named Banke Lal was on authorised leave without pay for the periods (i) from the 17th to the 30th of November 1952, (ii) from the 1st to the 14th of December 1952 and (iii) from the 22nd to the 28th of December 1952. The Act provides for the payment by the employer in the first instance of both employers and employees contributions to the fund at the rates specified in the schedule to the Act, but authorises with certain limitations the recovery by the employer from the employee of the latters contribution. In the present case the company duly paid over its own dues in respect of Banke Lal and also the dues of Banke Lal, and then proceeded to recover Banke Lals share for the months of November and