2009 (5) TMI 396

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..... iod 1998 to 2000 and that was decided against appellant. After that period, by the impugned orders, all of sudden, Deptt. Reclassified the same nature of service under the category of manpower recruitment/supply agency. This aspect of the matter was decided by the Ld. Commissioner (Appeals) against the appellant and appeal was dismissed by the Commissioner (Appeals) while rejecting the modificatio .....

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..... ring prima facie case of the appellant. Prior to passing of the stay order by the Commissioner (Appeals), the appellant had made deposit of Rs. 9,62,613 on 31-5-2006. Ld. Counsel, therefore, submitted that the said amount has been appropriated against the demand as apparent from page 7 of the order of adjudication. 2. Ld. Counsel further submits that activities carried out by the appellant is on .....

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..... ailure to make pre-deposit. 4. We have heard both the sides and perused the record. On the basis of the argument advanced by the ld. Counsel, prima facie, we are satisfied that the appellant (sic) should not be thrown at thrusthold (sic) (threshold) without considering the material on record. Ld. Commissioner had all the communications through the agreements of the parties and also Tribunal's or .....

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