Employees State Insurance ... vs Chaitanya Vidyalaya
2021 Latest Caselaw 1396 Tel

  THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

     CIVIL MISCELLANEOUS APPEAL No. 208 of 2021

JUDGMENT:

Heard learned counsel for appellants.

It is to be noted that initially, C-11 notice dated 21.10.2011

was issued to respondent by the appellant Corporation demanding

contributions for the period from 01.05.2019 to 30.09.2011 by

taking into account the number of coverable employees as 25 and

later, notice under C-18 dated 10.11.2011 was issued taking the

number of coverable employees as 32 for 12 months and 50 for

17 months without there being any basis. It is to be noted further

that except asserting that the respondent had failed to avail the

opportunity of producing the records, in the written statement, the

appellant Corporation did not advert to such specific plea. There

is no denial with respect to Ex.P.6, which is the statement of

salaries paid to the employees from 05/09 to 09/11 and there is no

challenge to the same. Even assuming for arguments sake that the

respondent did not produce any material to substantiate that there

were 32 employees, Ex.P.6 cannot be ignored and unless the

same is disproved by the appellants by placing relevant material,

there is no reason for this Court to further enquire into the same.

CKR, J

In those circumstances, this Court does not find any reason

to interfere with the order under appeal.

Accordingly, this Civil Miscellaneous Appeal is dismissed.

Miscellaneous applications, if any pending, shall stand

closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 28th APRIL, 2021.

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