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1992 Supreme(P&H) 293

ASHOK BHAN
Employees State Insurance Corporation – Appellant
Versus
Jalandhar Gymkhana Club – Respondent


Judgment

Ashok Bhan, J.

1. Employees State Insurance Corporation, defendant-petitioner (hereinafter referred to as "the petitioner"), issued notices to Jalandhar Gymkhana Club, Jalandhar, plaintiff-respondent (hereinafter referred to as the respondent) for submission of a return for making contribution towards Employees State Insurance Fund (for short esi fund ). Plaintiff-respondent filed the present suit alleging that it was a registered society, registered under the Societies Registration Act. It was alleged that the club was not an establishment which was covered under the Act and as such was not liable to file returns or make contributions towards ESI fund and that the notices issued to it were void and illegal. Suit was for permanent injunction restraining the petitioner from recovering the contribution.

2. Petitioner contested the suit and took a preliminary objection that the jurisdiction of the civil court has been specifically barred under Sub-section (3) of Sec.75 of the Act and that all disputes between the parties have to be adjudicated by the Employees Insurance Court in terms of Sec.75 (1) and in particular under Sub-clause (g) of Sec.75 (1 ). On the pleadings of the





























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