IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO.1366 OF 2006 APPEAL NO.1366 OF 2006 APPEAL NO.1366 OF 2006 Indlab Industries )..Appellants Versus Employees State Insurance Corporation)..Respondents ---- Mr.A.D.Patwardhan for the appellants. Mr.P.M.Palshikar for the respondents. ---- Coram Coram Coram : R.S.Mohite,J : R.S.Mohite,J : R.S.Mohite,J Date : 20.10.2008. PC 1. This First Appeal impugns a judgment and order passed by the Employees Insurance Court, Pune on 7.4.2006 in Application (ESI) No.11 of 2003. The appellant is the original applicant before the Employees State Insurance Court. The applicant has challenged the order passed by the respondent under Section 45-A of ESI Act dated 31.5.2002 claiming contribution on Rs.6,86,193/- and interest of Rs.25,662/- for the period April-1996 to March-1999 on omitted wages under Section 75 of the ESI Act. 2. It is not disputed that the applicant was employeed as a contractor under a written contract executed by TELCO. Before the ESI authority, the said contract and other relevant documents are not produced. The entire contract was therefore, treated as a labour contract and contribution was calculated on such footing. The ESI Court has treated 50% of the contract amount as omitted wages and thus reduced contribution by 50%. It is correct : 2 : that the insurance court ought not to have arbitrarily reduced the omitted wages to 50% yet it is seen that this situation is arisen because the applicant has suppressed the original written contract. Such an applicant ought not to have been given any benefit. In my view, the applicant has not approached the authority or the court with clean hands and in the circumstances, there is no substance in the First Appeal and the same therefore, stands summarily rejected. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)