IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE ANIL KUMAR JUKANTI
ESI CORPORATION AND ANOTHER – Appellant
Versus
KAKATIYA COLD STORAGE (P)LTD. – Respondent
THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.206 OF 2014
JUDGMENT:
Aggrieved by order, dated 03.08.2010, in E.I.C.No.81 of 2002 passed by the Employees Insurance Court and Chairman, Industrial Tribunal-I at Hyderabad, the present Civil Miscellaneous Appeal is filed.
2. Inspite of notice being served on respondent, there is no appearance on behalf of respondent. This Court appointed Ms. B.Neharika Varma as amicus curiae to assist the Court.
3. Heard Mr. B.G.Ravindra Reddy, learned counsel for appellants, and Ms. B.Neharika Varma, learned amicus curiae appearing for respondent.
4. Tribunal by its order, dated 03.08.2010, in E.I.C.No.81 of 2002, held that “the proceedings directing the petitioner to pay contributions of Rs.66,182/- along with interest of Rs.9,195/- as legally not valid, and the petition filed by the petitioner is maintainable.”
5. The substantial questions of law for consideration are:
a) Whether any material evidence has been ignored by the Tribunal resulting in an erroneous conclusion.
b) Whether the Tribunal was right in arriving at the conclusion on the basis of evidence before it.
c) Whether Hamalies are employees within the meaning of Sectio
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