Remanded

M/S.Kalinga Vikash v. Deputy Director(Revemue),Employees State Insurance Corporation

Orissa HC24 Sept 2019WP(C)/12828/2019

Case brief

AI extract

What is this about?

This court, hearing a writ petition challenging an ex-parte order in a W.P., noted that the petitioner was likely not properly served notice of the previous hearing. Instead of directing an appeal under the E.S.I. Act, the court set aside the ex-parte order and remanded the matter for re-adjudication within four weeks.

What did the court decide?

Impugned ex-parte order under Annexure-2 set aside; matter remanded for re-adjudication; petitioner directed to appear on 01.10.2019.

M/S.Kalinga Vikash Vs Deputy… — Service and Employment | Orissa HC (2019)

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W.P(C) No.12828 of 2019

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24.09.2019

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Heard Mr. Mishra, learned counsel for the petitioner and Mr. Ray, learned counsel appearing for the sole opposite party.

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Mr. Mishra submits that the petitioner could not attend the hearing on 19.06.2019 as it has never received the notice requiring it to attend the hearing on that date. Relying on the affidavit dated 18.09.2019, he further submits that the notice issued to the petitioner for attending the hearing on 19.06.2019 was received by the old father of the deponent, who never intimated him about the date of hearing. In such background, the petitioner could not attend the hearing on 19.06.2019 and accordingly the impugned order under Annexure-2 was passed, which is in the nature of an ex-parte order. In such background, he submits that the petitioner should be given one further opportunity in tune with principles of natural justice.

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Mr. Ray, learned counsel representing the sole opposite party though defends the order passed under Annexure-2 however, fairly submits that records do not reveal that the notice to attend the hearing on 19.06.2019 was served on the petitioner or on the deponent.

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Considering the submissions made and the fact that the impugned order under Annexure-2 is in the nature of an ex-parte order, this Court instead of asking the petitioner to file an appeal under the provisions of E.S.I. Act, 1948, sets aside the impugned order under Annexure-2 and remands the matter back to the sole opposite party for re-adjudication. The

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Prasant

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matter shall be re-adjudicated within a period of four weeks from the date of appearance of the petitioner and the petitioner is directed to appear before the opposite party i.e. Deputy Direction (Revenue), Employees State Insurance Corporation on 01.10.2019 along with all records as directed under Annexure-1. Accordingly, this writ application is disposed of.

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Urgent certified copy of this order be granted on proper application.

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…………………….….….. Biswajit Mohanty,J.

M/S.Kalinga Vikash v. Deputy Director(Revemue),Employees State Insurance Corporation

Case brief

What is this about?

What did the court decide?

M/S.Kalinga Vikash v. Deputy Director(Revemue),Employees State Insurance Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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