The High Court dismissed an appeal by the E.S.I. Corporation challenging a remand order of the Labour Court. The Court held that since the Labour Court found no Section 45-A order was passed, and none was produced by the Corporation, the remand was sustainable.
Civil Miscellaneous Appeal stands dismissed; No costs.
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.M.A(MD)No.1099 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.06.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A(MD)No.1099 of 2013
Vs.
PRAYER: Civil Miscellaneous Appeal is filed under Section 82(2) of the E.S.I Act, to set aside the decree and judgment passed in E.S.I.O.P.No.49 of 2001, dated 13.01.2001 by E.S.I Court (Labour Court), Madurai.
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For Appellants : Mr.N.Dilip Kumar For R2 : Mr.G.Aravindan
JUDGMENT
The present appeal has been filed by the E.S.I corporation challenging the order of remand passed by the E.S.I Court in E.S.I.O.P.No.49 of 2001.
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Court to establish the same. Therefore, I do not find any illegality or infirmity in the order passed by the E.S.I Court. All the substantial
questions of law are answered as against the appellant.
20.06.2023
NCC : Yes / No Index : Yes / No Internet : Yes / No
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To
1.The E.S.I Court (Labour Court), Madurai.
2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
R.VIJAYAKUMAR,J.
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Judgment made in C.M.A(MD)No.1099 of 2013
20.06.2023
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3 issues framed by the court
Whether the E.S.I Court was correct in remitting the matter for passing an order under Section 45-A of the E.S.I. Act.
Whether an order under Section 45-A was legally passed given the E.S.I Court's specific finding that none existed.
Whether the appeal challenging the remand order has substantial merit.
The Assistant Regional Director & Anr
S.N.Subramanian & Ors
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
