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1956 Supreme(All) 172

MOOTHAM, M. L. CHATURVEDI
ANAND KUMAR BINDAL – Appellant
Versus
EMPLOYEES STATE INSURANCE CORPORATION – Respondent


Advocates Appeared:
J.Swarup, S.D.Agarwala, SHANTI BHUSHAN

MOOTHAM, CJ.

( 1 ) THIS is a petition under Article 226 of the Constitution. The petitioner is the occupier of a factory in Saharanpur which is engaged in manufacture of cloth. He was called upon by the regional Director of the Employees State Insurance Corporation to pay a sum of Rs. 12,484 as a special contribution payable by an employer under Chap. VA of the Employees State Insurance act in respect of a period extending from 1st April 1953 to 31st March, 1955. The petitioner disputed his liability for payment of this sum or any part of it, and as a consequence of his refusal to pay steps are now being taken against him for recovery of the amount claimed as though it were an arrear of land revenue, and he is threatened with prosecution under Section 85 of the Act. The petitioner contends that the demand is illegal, and the principal relief which he seeks by this petition is the issue of a mandamus directing the respondents not to recover from him any contribution under the provisions oi the Employees state Insurance Act.

( 2 ) THE Employees State Insurance Act became law on the 19th April, 1948. Its purpose as stated in the preamble is to provide for certain benefits to employees











































































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