THE DIRECTOR, EMPLOYEES' STATE INSURANCE CORPORATION, PUNE and ORS vs M/S JOLLY STEEL INDUSTRIES PVT LTD,PUNE

Judgment text excerpt

2026:BHC-AS:9350 Sayyed 42-FA.400.2012.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.400 OF 2012 1. The Director, Employees' State Insurance Corporation, Sub-Regional Office, Panchdeep Bhavan, Bibvewadi, Pune – 411 037 2. The Recovery Officer, Employees' State Insurance Corporation, Sub-Regional Office, Panchdeep Bhavan, Bibvewadi, Pune – 411 037 ...Appellants Versus M/s. Jolly Steel Industries Pvt. Ltd., 32/1A & B Nagar Road, Pune – 411 014 ...Respondent _____________________________________________________ Mr. Sujeet Kurup for the Appellants. None for the Respondent. _____________________________________________________ CORAM : JITENDRA JAIN, J. DATE : 23 FEBRUARY 2026 JUDGMENT: 1. This appeal under Section 82 of the Employees’ State Insurance Act, 1948 (ESI Act) was admitted on 10 April 2012. However, no substantial question of law was framed. Therefore, following substantial question of law is framed at the time of final hearing :- “Whether, the ESI Court was justified in holding that the respondent-M/s. Jolly Steel Industries Pvt. Ltd. is not liable to pay contribution for the period April 1992 to August 1993 ?” 1 of 3 Sayyed 42-FA.400.2012.doc 2. I have heard learned counsel for the appellants-Corporation. Briefly undisputed facts are as under:- 3. Prior to 1980, the factory was run by the respondent. After 1980, the factory was leased out and handed over to Gupta Steel Industries for a period of three years. Since Gupta Steel Industries did not vacate after the expiry of three years, respondent initiated civil proceedings for recovering the possession. The civil proceedings ultimately landed in the High Court and consent terms dated 9 April 1995 were filed between the parties, wherein it was agreed that Gupta Steel Ind