This court held that a Civil Revision Petition is not maintainable when an appeal lies. Directing registry to convert the petition into a Civil Miscellaneous Appeal and return papers to counsel for listing.
Registry directed to convert Civil Revision Petition to Civil Miscellaneous Appeal and return papers.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.R.P.(PD)No.1901 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2021
CORAM:
THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN
C.R.P.(PD)No.1901 of 2021 and C.M.P.Nos.14793 & 14796 of 2021 (Through Video Conference) FHA Apparels, Rep. by its Manager, Mr. Jothiba Devappa Rajai, S.F.No.456/2, Avinasilingampalayam, Tirupur Main Road, Avinashi-641 654 Tirupur District. ...Petitioner Versus E.S.I. Corporation, Rep. by its Deputy Director, No.1897, Trichy Road, Coimbatore-45 ...Respondent
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Impugned Order dated 18.01.2021 in I.A.No.1 of 2020 in E.S.I.,O.P.CFR.No.1434 of 2020 passed by the Hon'ble Employees State Insurance Court, [Principal Labour Court], Coimbatore.
For Petitioner : Mr.A.Devasigamani For Respondent : Mr. G. Bharadwaj
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C.R.P.(PD)No.1901 of 2021
O R D E R
This Civil Revision Petition is filed against the order passed in
I.A.No.1 of 2020 in E.S.I.,O.P.CFR.No.1434 of 2020 passed by the
learned Employees State Insurance Court, [Principal Labour Court],
Coimbatore.
for the respondent submitted that an appeal will lie in this regard and the present Civil Revision Petition cannot be filed. He has relied on the order passed in C.R.P.(NPD) No.447 of 2020 by this Court and referred to the following Judgments cited in the order:
(i) [ 2019 (5) CTC 696 ] Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and others Vs. Tutucorin Educational Society and others;
(ii) [ (2006) I LLJ 785 ] Cal [Employees State Insurance Corporation and others Vs. Hotel Airport Asho and another]; and
(iii) [ MANU/PH/1263/2011 ] Sulabh International Social Service Organisation Vs. Employees State Insurance Corporation and others.
Page 2 of 4
C.R.P.(PD)No.1901 of 2021
maintainable. Therefore, Registry is directed to return the papers to convert the Civil Revision Petition to Civil Miscellaneous Appeal.
the papers to the learned counsel on record for the petitioner enabling the conversion of the Civil Revision Petition to Civil Miscellaneous Appeal and the said process shall be completed within a period of two
weeks from the date of resubmission of the returned.
costs. Consequently, connected miscellaneous petitions are closed.
22.09.2021
Index: Yes/ No Speaking Order / Non-Speaking Order
sts/jai
G.CHANDRASEKHARAN, J.,
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C.R.P.(PD)No.1901 of 2021
sts/jai
To:
The Employees State Insurance Court, [Principal Labour Court], Coimbatore.
Order made in
C.R.P.(PD)No.1901 of 2021
Dated:
22.09.2021
_________ Page 4 of 4_
1 issue framed by the court
Whether a Civil Revision Petition maintainable instead of an appeal against the order of the Employees State Insurance Court
Colour shows how this judgement treated each authority
Virudhunagar Hindu Nadargal Dharma Paribalana Sabai and others Vs. Tutucorin Educational Society and othersReferred¶19
[ 2019 (5) CTC 696 ]
Cal [Employees State Insurance Corporation and others Vs. Hotel Airport Asho and another]Referred¶20
[ (2006) I LLJ 785 ]
Sulabh International Social Service Organisation Vs. Employees State Insurance Corporation and othersReferred¶21
[ MANU/PH/1263/2011 ]
FHA Apparels
E.S.I. Corporation
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
