The Regional Director vs The Indian Hume Pipes Co. Ltd., ...
2022 Latest Caselaw 6323 Tel

       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.

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