Dismissed

Dattatraya Nirmal and Anr. v. Employees State Insurance Corporation and Ors.

Bombay HC17 Oct 2023WP/6507/2023

Case brief

AI extract

What is this about?

The Court dismissed the Writ Petition which challenged an order restraining execution under Section 45A of the ESI Act. The High Court sustained the order, directing a 50% deposit and instructing the Industrial Court to decide the main complaint within 10 months, keeping merits open.

What did the court decide?

Reinforced the order against execution, required 50% deposit within three weeks, and directed the Industrial Court to dispose of the main application within 10 months.

Dattatraya Nirmal and Anr. Vs Employees State… — Service and Employment | Bombay HC (2023)

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11. CIVIL WP-6507-23.doc

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R.M. AMBERKAR (Private Secretary)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 6507 OF 2023

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Dattatraya Nirmal & Anr. .. Petitioners

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Versus

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Employees State Insurance Corporation & Ors. .. Respondents

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Mr. Mahadji Phalke for Petitioners

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CORAM : MILIND N. JADHAV, J. DATE : OCTOBER 17, 2023

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P.C.:

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1. Heard Mr. Phalke, learned Advocate for Petitioners.

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2. Present Petition takes exception to the order dated 26.07.2022 passed below Exhs. C-2 and C-5 filed by the Employees State Insurance Corporation, Pune (ESIC) seeking a restrain from execution and operation of the order passed under Section 45A of the Employees’ State Insurance Act, 1948 until disposal of the main Complaint i.e. Application ESI No. 22 of 2019 which is pending before the Industrial Court, Pune filed by Respondent No. 4. Present Petitioners are partners of Respondent No. 4.

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3. I have perused the impugned order and I find no reason to interfere with the same in view of the reasons returned in paragraph Nos. 8 to 12 of the said order.

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11. CIVIL WP-6507-23.doc

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4. I find that the submissions made by Mr. Phalke that the case which has been prima facie considered while disposing of the Applications below Exhs. C-2 and C-5, inter alia, with respect to the closure of business and determination of the entire accounts of the closure of business pursuant thereto deserves consideration. In that view of the matter, I am not inclined to disturb the impugned order. The impugned order is sustained, subject to keeping all contentions of Petitioners open for consideration while deciding the main Application ESI NO. 22 of 2019.

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5. It is directed that 50% of the amount i.e. Rs. 9,84,205/- shall be deposited by Petitioners within a period of three weeks from today. On the said amount being deposited and in view of the observations made herein above, I am directing the Industrial Court, Pune to hear and decide Application ESI No. 22 of 2019 within a time bound programme i.e. within 10 months from today strictly in accordance with law and thereafter pass a reasoned / speaking order.

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6. It is made clear that none of the observations made today are based on merits of the matter. All contentions of parties in Application ESI No. 22 of 2019 are expressly kept open.

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7. With the above directions, Writ Petition is disposed.

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Amberkar

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Digitally signed by RAVINDRA RAVINDRAMOHANAMBERKAR MOHANAMBERKARDate:2023.10.17 18:20:15 +0530

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[ MILIND N. JADHAV, J. ]

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Dattatraya Nirmal and Anr. v. Employees State Insurance Corporation and Ors.

Case brief

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What did the court decide?

Dattatraya Nirmal and Anr. v. Employees State Insurance Corporation and Ors.

Case brief

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