THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
AND THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA CIVIL MISCELLANEOUS APPEAL No.424 OF 2008 JUDGMENT: (Per Hon'ble Dr.SA,J) This Civil Miscellaneous Appeal, under Section 82 of the Employees State Insurance Act, 1948 (for short 'E.S.I. Act'), is filed by the appellant/ESI corporation aggrieved by the order and decree, dated 30.06.2004 passed in E.I. Case No.4 of 2002 by the Employees Insurance Court and Chairman, Industrial Tribunal-I, Hyderabad.
2. Heard both sides and perused the record.
3. The dispute in the instant appeal is that whether the workers employed by the Sub contractor come within the purview of Section 40 of the ESI Act and whether the contribution is required to be paid in respect of those workers.
4. This Court while dealing with the similar issue vide order dated 07.07.2022 passed in CMA No.4063 of 2004 was pleased to hold that the workers employed by the Sub contractor are not covered under the ESI Act. The facts and circumstances of the present case are akin to the facts and circumstances of the case in CMA No.4063 of 2004. 2
5. In terms of the Judgment, dated 07.07.2022 passed by this Court in CMA No.4063 of 2004, this appeal is dismissed.
Miscellaneous Petitions, if any, pending in this appeal shall stand closed. There shall be no order as to costs.
______________________ Dr. SHAMEEM AKTHER, J _______________________ NAGESH BHEEMAPAKA, J Date: 01.12.2022 ssp