FAO No. 610 of 2010 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 610 of 2010 (O&M) Date of Decision: 06.04.2011 M/s Skol Breweries Ltd. ...Appellant Versus M/s Employee State Insurance Corporation and others ..Respondents CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. J.S. Sidhu, Advocate for the appellant. Mr. Vikas Suri, Advocate for the respondents. ..... RAJESH BINDAL, J. This order will dispose of FAO Nos. 610 to 613 of 2010, as common questions of fact and laws are involved therein. However, the facts have been extracted from FAO No.610 of 2010. Challenge in the present appeal is to the order dated 21.10.2009 passed by the Employees State Insurance Court-cum-Civil Judge (Senior Division), Sonepat dismissing the petition filed by the appellant challenging the order passed by the Deputy Director, Employees State Insurance Corporation Ltd., Faridabad (for short, “Deputy Director”) under Section 45-A of the Employees State Insurance Act, 1948 (for short, “the Act”). Learned counsel for the appellant, inter alia, argued that proper opportunity was not afforded to the appellant before raising the demand and the amount of contribution was determined even on the services outsourced by the appellant. Whereas the stand of the respondents was that sufficient opportunities were afforded. Once the relevant record was not produced, corporation did not have any other option but to the pass the order. On March 23, 2011, this court passed the following order:- FAO No. 610 of 2010 2 “Learned counsel for the respondent seeks time to have instruction as to whether the records produced by the appellant in the court below can be verified and the liability determined afresh. Adjourned to 01.04.2011.” Today, learned counsel for the respondents submitted that he has been instructed by the Corporation that if the appellant is ready to produce the following requisite records as pointed out by the corporation, the amount of contribution can be re-calculated. 1. Audited balance sheets for the relevant period. 2. Vouchers supporting the ledger books. 3. Ledger books inspected by the SSO. 4. Original Register submitted by the immediate employee before settlement of accounts under Section 41 of the ESI Act. However, he expressed apprehension that in terms of Section 25 (a) of the Act, the Corporation may not be entitled to pass an order as period of five years from the date for which the contribution is related, has already expired. Learned counsel for the appellant submitted that he will instruct his client to produce the requisite record, whatever is available with them, as State owned company was taken over by the appellant. Dispute pertains to the period prior to its taking over of the unit. He further submitted that the appellant may also be given liberty to raise legal issues whatever are involved in the present case before the competent authority. After considering the aforesaid fair stand taken by the counsels for the parties, the impugned order passed by the learned court below and that of Deputy Director is set aside. The appellant is directed to appear before the Regional Director, Employees State Insurance Corporation Faridabad on May 2, 2011. The competent authority shall pass fresh order after re- calculating the amount of contribution, if any, due from the appellant on consideration of the record produced by it and also considering the legal FAO No. 610 of 2010 3 issues raised. The amount of contribution, which has already been deposited by the appellant with the corporation, will remain as such. However, the same shall abide by the final order to be passed by the competent authority. The appeals stand disposed of accordingly. (RAJESH BINDAL) JUDGE 06.04.2011 sharmila