. EMPLOYEES' STATE INSURANCECORPORATION vs M/S. F. FIBRE BANGALORE (P) LTD. Supreme Court, 07-11-1996

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PETITIONER:
EMPLOYEES’ STATE INSURANCECORPORATION
Vs.
RESPONDENT:
M/S. F. FIBRE BANGALORE (P) LTD.
DATE OF JUDGMENT: 07/11/1996
BENCH:
K. RAMASWAMY, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
THE 7TH DAY OF NOVEMBER 1996
Present:
Hon’ble Mr. Justice K. Ramaswamy
Hon’ble Mr. Justice G. BN. Pattanaik
R. Venugopal Reddy, Sr. Adv., S.A. Wasim Qadri, Mrs.
Anil Katiyar, Advs, with him for the appellant
M.N. Shroff, Adv. for the Respondent
O R D E R
The following Order of the Court was delivered:
This appeal by special leave arises from the judgment
dated 20.2.1979 of the Division Bench of the Karnataka High
Court which in turn had followed the ratio of judgment of
the Full Bench in M.F.A.No.147/74, dated 19.4.1978. The Full
Bench had held as under:
"In the result, we answer the
question referred to us as follows:
Where, in cases to which provisions
of Section 45A of the ‘Act’ are
attracted, the Corporation by an
order made in accordance with that
section determines the amount of
contributions payable and that
claim is disputed by the employer,
it would not be necessary for the
Corporation to seek a resolution of
that dispute before the Insurance
Court. Such a claim is recoverable
as arrears of land revenue. If the
employer disputes the claim it is
for him to move the Insurance Court
for relief. In other cases - other
than cases where determination of
the amount of contributions under
Section 45A is made the
Corporation, if it claim is
disputed by the employer, should
seek an adjudication of the dispute
before the Insurance Court, before
enforcing recovery."
The question that arises for consideration is: whether

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