The High Court dismissed the appeal for refund of minor amounts recovered by the ESI Corporation. Noting the meagerness of the sum claimed, the court declined interference and left the question of law regarding maintainability open.
The appeal was dismissed; no refund was granted.
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.
In the High Court of Punjab & Haryana at Chandigarh
FAO No. 710 of 1984 (O&M)
M/s Bombay Cloth House (Regd.)
..... Appellant
vs
Employees' State Insurance Corporation ..... Respondent
Coram: Hon'ble Mr. Justice Rajesh Bindal
Present: None for the appellant.
Mr. Vikas Suri, Amicus curiae.
Rajesh Bindal J.
The claim of the appellant in the present petition is for refund of Rs. 1,395/- and Rs 2,469.75 paise which was recovered by the respondent Corporation. Considering the meagerness of the amount, I do not find any reason to interfere in the impugned order.
Leaving the question of law regarding the maintainability of the claim before the Employees Insurance Court, open, the present appeal is dismissed.
2.12.2009 vs
( Rajesh Bindal) Judge
2 issues framed by the court
Whether the claim for refund of minor amounts recovered by the ESI Corporation is maintainable.
Whether the High Court should interfere in the impugned order dismissing the refund claim.
M/s Bombay Cloth House (Regd.)
Employees' State Insurance Corporation
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
