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THE REGIONAL DIRECTOR v. MANORAJYAM PUBLICATIONS (P) LTD. - Ins APP No. 17 of 2006  RD-KL 6005 (22 March 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMIns APP No. 17 of 2006()
1. THE REGIONAL DIRECTOR,
2. THE RECOVERY OFFICER, ESI CORPORATION
1. MANORAJYAM PUBLICATIONS (P) LTD.,
For Petitioner :SMT.T.D.RAJALAKSHMY, SC, ESI CORPN.
For Respondent :SRI.A.M.SHAFFIQUE
The Hon'ble MR. Justice K.PADMANABHAN NAIR
O R D E R
K.Padmanabhan Nair, J.
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Ins. Appeal No. 17 of 2006
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Dated, this 22nd day of March, 2007. Judgment This appeal is filed against the order passed by the E.I.Court in I.C. No. 1 of 2003 by which it was held that the Employees State Insurance Corporation is not entitled to claim any amount from the respondent under Section 93-A of the Employees State Insurance Act. The appellant demanded contribution for different periods. Respondent-Company took up a stand that there was change of management in the year 1990 and he was not aware as to what happened in the year 1979 or 1982. The Insurance Court accepted the contention that the liability claimed by the Corporation is pertaining to the publication by name M/s.Kerala Dwani and that the establishment was not taken over by M/s.Manorajyam Publications Limited and that the management of Manorajyam Publications alone was taken over by the present management. Hence it was held that the respondent is not liable to pay the contribution of M/s. Kerala Dwani and set aside the six demand notices issued under the Revenue Recovery Act. Challenging that order, this appeal is filed.
2. The core question arising for consideration in this appeal is whether the respondent can be made liable for the amount due from the Kerala Dwani. The Ins.Appeal No.17 of 2006 2 stand taken by the appellant-Corporation is that the present management took over M/s.Kerala Dwani also as it was published by M/s.Manorajyam Publications Limited. Respondent claims that he is not liable to pay any amount due to Kerala Dwani. But the respondent has a duty to establish that he has not taken over the management of Kerala Dwani. But considering the facts and circumstances of the case, I am of the view that it is only just and proper to give another opportunuty to both sides to adduce evidence. For that purpose the case has to go back. In the result, appeal is allowed. The order passed by the E.I.Court in I.C.No.1 of 2003 is hereby set aside. Case is remanded . E.I. Court is directed to take Insurance Case No. 1 of 2003 back to file and dispose of same afresh in accordance with law in accordance with law after giving both sides a reasonable opportunity to adduce evidence. K Padmanabhan Nair, Judge. s.
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