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1980 Supreme(Online)(Kar) 2

KARNATAKA HIGH COURT
V. S. Malimath, S. R. Range Gowda, *M. N. Venkatachaliah, JJ.
Regional Director E.S.I. Corporation v. M/s. Fibre Bangalore (P) Ltd


1. A Division Bench of this Court has, in a matter arising under the Employees' State Insurance Act, 1948, (hereinafter referred to as the "Act") referred the following question of law to a Full Bench for its opinion :
"Whether in the case of a disputed demand for contribution under the E.S.I. Act by the E.S.I. Corporation, the latter alone should raise a dispute before the Employees State Insurance Court in accordance with S.75 and S.77 of the E.S.I. Act or any other provision therein; or, whether it is the Employer against whom such levy is made, and by whom it is disputed, who should raise such a dispute before the E.S.I. Court for adjudication ?"

2. The facts leading up to the reference are that a certain employer namely, F. Fibre Bangalore (P) Ltd., on being called upon to pay the Insurance Contributions under the Act, an a sum of Rs. 97,819-39, claimed by the Employees' State Insurance Corporation (hereinafter referred to as the 'Corporation'), to be the wages paid to the employees for and during the year 1967-68 and the Corporation having resorted to recover the contributions demanded as arrears of land revenue, disputed the said liability and approached the Employees' Insura
































































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