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2016 (1) TMI 905 - HC - Indian LawsDetermination of contribution to the ESI - Employment by the sub-contractors - Principal employer are manufacturing papers and board at Pallipalayam. - Is not the respondent ESI corporation bound by their own circulars and are they not bound to follow the judgments rendered by this Hon'ble Court in LPA.Nos.159 and 160 of 2000 on 09.03.2004 and in CMA.No.1606 of 1995 on 10.12.2003? - Has not the respondent ESI corporation acted arbitrarily and capriciously treating 90% of the contribution bill amount of ₹ 1,45,07,900/- as wages (labour charges) paid to the workmen of the contractor by the Contractor? - Is not the act of the ESI Corporation unjustified in invoking section 45-A of the Employees State Insurance Act, 1948 for making the arbitrary demand of ₹ 9,46,268.15, when the 20th appellant had forwarded all documents and books and accounts relating to Feeding charges. Held that:- This Court finds no fault in probable percentage theory applied by the labour Court for want of particulars about the exact payments made and the impugned order hence calls for no interference. However, it is made clear that the total amount payable by the 20th petitioner towards ESI contribution for the relevant period is ₹ 9,46,758/- as evident from the order made in IA.No.162 of 1999 dated 28.03.2000 and the sum of ₹ 4,96,268.15 has already been paid and the balance sum is only payable by the petitioners. The substantial questions of law are accordingly answered against the petitioners.
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