1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL SIDE APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL (STAMP) NO.17967 OF 2005 APPEAL (STAMP) NO.17967 OF 2005 APPEAL (STAMP) NO.17967 OF 2005 The Regional Director, Employees’ State Insurance Corporation, Mumbai. Appellant vs. Prasad Chambers Premises Co-op. Society. Respondent Mr.H.V.Mehta for the appellants. Mr.Rajesh Gehani i/b.Mr.V.P.Vaidya for respondent no.1. CORAM : ANOOP V. MOHTA,J. DATED : 2nd November, 2007 JUDGMENT: On 9.3.1990 the Corporation informed the respondent Society in Form C-11 that the respondent society was covered under the provisions of Section 1(5) of the ESI Act and to start compliance w.e.f. 12-11-1978 provisionally subject to verification of records. The society was employing more than 20 employees. 2. On 24.9.1992 since the respondent society failed and neglected to comply with the provisions of the Act, the Corporation issued show cause notice for determining the contribution as provided under Section 45-A for the period from 12-11-1978 to 31-03-1992 in sum of Rs.3,05,502/-. 3. On 21-10-1992, the respondent society informed the appellant that the Application (ESI) No.48 of 1992 challenging the coverage of the Society is pending for 2 hearing before the E.I.Court. 4. On 20-11-1992 since the respondent society did not reply to the show cause notice and failed to appear for personal hearing, the corporation passed order under Section 45-A determining the contribution for the period from 12-11-1978 to 31-03-1992. The respondent society challenged the order passed under Section 45-A of the ESI Act before the Employees Insurance Court by filing Application (ESI) No.11 of 1993. The Corporation strongly opposed the application by filing their written statement. 5. On 16-02-2005 the Employees Insurance Court after hearing both the parties allowed the application of the respondent society and declared that the respondent society is not coverable under the ESI Act and consequently the order passed under Section 45-A of the ESI Act is quashed. 6. In view of the reasoning given in the judgment dated 2nd November, 2007 in First Appeal No.844 of 2004 along with other First Appeals, this First Appeal is also dismissed and disposed of accordingly. . No order as to costs. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.)