Remanded

The Regional Director Employees State Insurance Co. v. Subhash Bandu Wani

Bombay HC16 Aug 2006FA/1043/2003

Case brief

AI extract

What is this about?

In this civil appeal impugning an ESI Court order, the High Court set aside the trial court's judgment because it failed to consider relevant State and Central Government gazette notifications. The matter is remanded for afresh disposal.

What did the court decide?

The impugned judgment and order set aside; matter remanded to ESI Judge, Nashik; liberty to adduce evidence granted.

The Regional Director Employees State… — Civil Procedure and Limitation | Bombay HC (2006)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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 FIRST APPEAL NO. 1043 OF 2003

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-----------------------------------------------------------------------
 Office Notes, Office Memoranda
 of Coram, appearances, Court’s
 Orders or directions and
 Registrar’s Orders Court’s or Judge’s Orders
-----------------------------------------------------------------------
 H.V. Mehta for the appellants.
 Mrs. Anjali Helekar for the respondents.

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CORAM: S.B. DESHMUKH, J.
DATE : AUGUST 16, 2006.
P.C. :

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 1. Heard the learned counsel for

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 both sides.

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 2. By consent, First Appeal, is
 taken up for final hearing, by passing
 order of admission thereof.

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 3. This appeal, impugnes the
 judgment and order passed by the
 Learned Judge, Employees Insurance
 Court, Nashik being Application (ESI)

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 No. 7 of 1996. From the judgment of
 the trial court, it appears that the
 Trial court had framed four issues and
 disposed off the application. Issue
 no.1 was inrespect of applicability of
 the provisions of the Employees State
 Insurance Act, 1948. The trial court
 referring the provisions of the ESI
 Act allowed the application and
 directed the corporation to withdraw
 the recovery proceedings initiated
 against the applicant for recovery of
 ESI contribution for the period
 commencing from April, 1992 to June,
 1993.

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 4. From the judgment of the trial
 court, it appears that the gazette
 published by the State Government as
 well as the Central Government were
 not made available to the learned
 Judge. These two notifications, have
 been now filed in this appeal.

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 5. Without entering into the merits

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 of the present case, in my view, order
 passed by the Trial court can be set
 aside and matter can be remanded back
 to the learned Judge, ESI for
 consideration of the proceedings
 afresh in the light of the government
 gazette’s, issued by the State
 Government as well as the Central
 Government. The parties, are also,
 granted liberty to lead evidence, if
 they feel to do so.

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 6. Learned counsel for the

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 appellant undertakes to file copies of

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 the relevant government gazette’s i.e.
 State Government as well as Central
 Government, in the Trial Court, within
 a period of four weeks from the date
 of appearance.

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 7. In the result, the judgment and

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 order passed by the trial court, is

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 set aside. Matter is remanded back to

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 the learned Judge, ESI, Nashik, for

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 disposal according to law. The

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 undertaking of the learned counsel for

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 the appellant is recorded, regarding

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 supplying the government gazette’s

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 i.e. State Government as well as

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 Central Government within a period of

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 four weeks from the date of the

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 appearance in the trial court.
 Parties are directed to appear before
 the Trial court on 16.10.2006 at 11

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 a.m. The trial court, shall decide

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 and dispose off the proceedings

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 expeditiously in accordance with the

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 provisions of law.

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 SD/-

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 (JUDGE)

The Regional Director Employees State Insurance Co. v. Subhash Bandu Wani

Case brief

What is this about?

What did the court decide?

The Regional Director Employees State Insurance Co. v. Subhash Bandu Wani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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