The present Letters Patent Appeal by the Bhagalpur Zila Khadi Gramodyog Sangh against a Labour Court order dismissing a petition contesting ESI contribution liability was heard when the appellants failed to appear despite repeated calls. Consequently, the Court disposed of the appeal reserving liberty for further recourse.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.69 of 1987
====================================================== 1.BHAGALPUR ZILA KHADI GRAMODYOG SANGH WITH ITS REGISTERED OFFICE AT LAXMI NARAIN BHAWAN, BHAGALPUR-2. 2.THE SECRETARY, BHAGALPUR ZILA KHADI GRAMODYOG SANGH LAXMI NARAIN BHAWAN, BHAGALPUR-2.
3.THE MANAGER, DYEING AND PRINTING DEPARTMENT BHAGALPUR, ZILA KHADI GRAMODYOG SANGH, LAXMI NARAIN BHAWAN, BHAGALPUR-2.
... ... Appellant/s
Versus
REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, LAKSHMI BHAWAN, BUDH MARG, PATNA AND AT PRESENT ESIC BHAWAN, BAILEY ROAD, PATNA.
...OPP. Party Respondent ... Respondent/s
====================================================== Appearance : For the Appellant/s : None. For the Respondent/s : Mr. Sachidanand Sahay, Adv ======================================================
(The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 08-09-2020
Appellant claims to be a charitable organization
Patna High Court L.P.A No.69 of 1987 dt.08-09-2020 2/3
registered under the Societies Registration Act, 1960 and runs a small unit of dyeing and printing at Bhagalpur with about 15 manual labourers to print Khadi clothes and as such it does not come under the definition of factory within the meaning of E.S.I Act, 1948.
Inspector of ESI Corporation, inspected the Unit on 29.07.1974 and found 15 workers working and again inspected on 25.06.1975 and found less than 20 persons working there and Regional Director of Corporation directed appellant to deposit ESI contribution and employees special contribution and submit up to date returns to which appellants replied that they are not liable to pay any contribution and thereafter requisitions were sent to the Collector, Bhagalpur for realization of ESI contribution and employees Special Contribution of sum of Rs. 10,497.50/- and Rs. 5,595.00/- for realization of which certificate proceeding was instituted against the appellants.
Appellants against said order approached Presiding Officer, Labour Court, Patna, which dismissed their petition against which appellants filed Miscellaneous Appeal No. 13 of 1995 which was heard by learned Single Judge, who also dismissed the miscellaneous appeal, against which the present LPA was filed.
Patna High Court L.P.A No.69 of 1987 dt.08-09-2020
3/3
In spite of repeated calls and adjournments, no one appeared on behalf of appellants, hence, we dispose of the present appeal reserving liberty to the appellants to approach this Court on the same and subsequent cause of action, if so required subsequently.
L.P.A. stands disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
ranjan/-
AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA
Bhagalpur Zila Khadi Gramodyog Sangh and others
Regional Director, Employees State Insurance Corporation
Sanjay Karol
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
