Jharkhand High Court
Employees State Insurance ... vs M/S Hotel Vijaya on 10 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 386 of 2013
1. Employees State Insurance Corporation through A.K. Paul, Deputy
Director Regional Office, Jharkhand, Employees State Insurance
Corporation, Namkum, Ranchi-834010, District-Ranchi
2. Shree R.S. Rai, S.S.O. Employees State Insurance Corporation Office,
situated at Shital Mullick Road, Bilasi Town, P.S. P.O. & District-
Deoghar ..... Appellants
Versus
M/s Hotel Vijaya, a proprietorship firm owned and represented through
its Proprietor /owner Sri Jai Shankar Prasad Singh, son of late Baijnath
Singh, Jalsar Road, Deoghar, P.O., P.S. and District-Deoghar
.... Respondent
------
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
------
For the Appellants : Mr. Ashutosh Anand, Advocate
For the Respondent : Mr. Vijay Shankar Jha, Advocate
CAV ON 26.11.2021 PRONOUNCED ON 10.12.2021
1. This appeal has been preferred on behalf of Employees' State
Insurance Corporation against the judgment and order passed by the
Presiding Officer, Labour Court, Deoghar in E.S.I. Case No.01 of 2012
whereby and whereunder the demand notice dated 30.07.2012 issued by
the appellants has been held to be illegal and accordingly set aside.
2. The brief fact of the case is that on 02.08.2001 inspector Shri
A.K. Singh and B.N.P Sinha of the Employees' State Insurance
Corporation conducted inspection in hotel 'Vijaya' which is situated in
Deoghar District and found 16 employees from April, 2001 and demand
notice was raised on the basis of the inspection report. During the
inspection a functional kitchen was found in the hotel.
3. The petitioner/respondent of M/s. Hotel 'Vijaya' through its
proprietor moved the Labour Court against the demand notice dated
30.07.2012. It is the case of petitioner/respondent that they had 39
rooms in residential Hotel which ran on seasonal basis at Deoghar
District.
The Hotel was only for lodging and meal was not provided by the
Hotel. The Inspector of E.S.I. Shri M.A. Khan inspected the Hotel on
23.06.2003, 01.04.2003 and 31.05.2003 and also inspected attendance
register and other registers and reported the matter to the Head Office,
Ranchi, on 28.03.2005. Another Inspector Mr. J.P. Varma inspected the
Hotel 'Vijaya' and found only six employees and in this regard a demand
of Rs.16,160/- was made for contribution for the period June, 2003 to
February, 2005 and a letter was sent for the employment of 16
employees on the ground of previous inspection by the officers of E.S.I.
4. The very short question involved in the instant appeal is whether
the impugned order by which demand notice dated 30.07.2012 issued by
the Deputy Director, E.S.I. which has been set aside is sustainable or
not? The learned court below did not rely on the inspection report on the
ground that they were not posted in Deoghar and there was no deputation
order available on the record. It has also been noted in paragraph 6 of the
judgment that notice of Form-C-11 shows that it was issued by the
Deputy Director, E.S.I. Corporation, Patna.
5. The order of the learned court below has been assailed on the
ground that no cogent reason has been assigned to discard the testimony
of the witnesses on the inspecting of the Hotel on 02.08.2001 when 16
employees were found to be working and the Hotel had kitchen facility
as well. The proposed substantial question of law is that the evidence
regarding the inspection has not been considered by the learned court
below.
6. Under Section 82 (2) of the Employees' State Insurance Act,
1948 an appeal shall lie to the High Court from an order of employees'
insurance Court if it involves a substantial question of law. Here in the
instant case the finding of fact regarding the inspection conducted has
been assailed which is a purely question of fact and cannot come within
the meaning of substantial question of law.
Under the circumstance, the appeal stands dismissed at the stage
of admission.
(GAUTAM KUMAR CHOUDHARY, J.)
Jharkhand High Court, Ranchi
Dated the 10th December, 2021
NAFR / Tarun
