1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1797 OF 2009 M/s.Radeyshyam B. Khandelwal ..Appellant Vs. Regional Director, The Employees State Insurance Corporation ..Respondents ......... Mr.C.R.Naidu i/b.M/s.C.R.Naidu &Co., for appellant. Mr.P.M.Palshikar, for respondent. ......... CORAM: R.G.KETKAR, J. DATE : 10th FEBRUARY, 2010. P.C. : Heard Mr.Naidu, learned counsel for appellant and Mr.Palshikar, learned counsel for respondent. 2] Appeal is admitted on the following questions of law :- (i) Whether the Corporation is liable to hand over copies of the Reports and list of employees purported to have been working at the establishment before covering the establishment under the Act? (ii) Whether the coverage of the Appellant establishment vide lette bearing No.B/INS.I/31 – 42651 – 102/PIN 23 dated 19 th September, 1997 without furnishing copy of the Inspection/Enquiry Report and without hearing the Appellant is null and void? (iii) Whether the Corporation is required to exclude persons drawing salary above the coverable limits while computing the number of 1797-09.sxw 2 persons employed for wages for the purpose of coverage under the ESI Act? (iv)Whether the Respondent Corporation was entitled to invoke jurisdiction under Section 45-A in absence of the conditions laid down in Section 44 for invoking the said Section? (v) Whether the Respondent Corporation is entitled to demand contribution on ad-hoc basis when necessary registers & record are available to determine on actual basis, if establishment is ammenable to the provisions of the act? 3] Mr.Palshikar, learned counsel waives service for respondent. 4] Call for R & P. Appellant to supply private paper book within two months from today. [R.G. KETKAR, J.] 1797-09.sxw 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4588 OF 2009 IN FIRST APPEAL NO. 1797 OF 2009 M/s.Radeyshyam B. Khandelwal ..Applicant Vs. Regional Director, The Employees State Insurance Corporation ..Respondent ......... Mr.C.R.Naidu i/b.M/s.C.R.Naidu &Co., for applicant. Mr.P.M.Palshikar, for respondent. ......... CORAM: R.G.KETKAR, J. DATE : 10th FEBRUARY, 2010. P.C. : Heard Mr.Naidu, learned counsel for applicant and Mr.Palshikar, learned counsel for respondent. 2] By the impugned order, the applicant is called upon to pay the total amount of Rs.5,00,826/-. Mr.Naidu states that the applicant has already deposited the amount of Rs.2,12,175/- with the opponent Corporation, which includes the amount of Rs.60,000/- deposited with the E.S.I. Court. Mr.Naidu states that the balance amount will be deposited with the opponent within six weeks from today. The statement is accepted. 3] On the condition of the applicant's depositing the balance amount with the opponent within six weeks from today, there shall be interim order in terms of 1797-09.sxw 4 prayer clauses (a) and (c). 4] It is further directed that the E.S.I. Court shall invest the amount of Rs. 60,000/- which has been already deposited by the applicant in that Court, in any nationalised bank initially for three years and shall ensure that the deposit is renewed during the pendency of the appeal. 5] Civil Application is disposed of. Costs in the cause. [R.G. KETKAR, J.] 1797-09.sxw