Disposed

M/S Shelly Nursing Home v. Employees State Insurance Corporation

Punjab & Haryana HC3 Mar 2016CR/1670/2016

Case brief

AI extract

What is this about?

The High Court, without expressing opinions on merits, disposed of a revision petition. The court restrained the continuation of an interim stay pending decision by the trial court and granted six months for the trial court to decide the matter, while staying the recovery notice.

What did the court decide?

The recovery notice was kept in abeyance, and the trial court was directed to decide the petition within six months.

M/S Shelly Nursing Home Vs Employees State… — Service and Employment | Punjab & Haryana HC (2016)

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Civil Revision No.1670 of 2016

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{1}

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CR No.1670 of 2016 (O&M) Date of decision:03.03.2016

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M/s Shelly Nursing Home

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... Petitioner

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Vs.

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Employees State Insurance Corporation

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... Respondent

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CORAM: HON'BLE MR. JUSTICE AMIT RAWAL

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Whether reporters of local newspapers may be allowed to see judgment?

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To be referred to reporters or not? 3. Whether the judgment should be reported in the Digest?

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Present:Mr. Amit Jhanji, Advocate for the petitioner.

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AMIT RAWAL J. (Oral)

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The grievance of the petitioner before the Court below by invoking the provisions of Section 75 of the Employees' State Insurance Act, 1948 (for short '1948 Act') was that Inspector had illegally taken into consideration the visiting doctors to be employees of the Nursing Home and thus, brought them under umbrella provisions of 1948 Act, whereas, the said doctors are not on the payroll of the Nursing Home. The trial Court declined the interim stay, vide order dated 25.03.2015 and thereafter, recovery notice dated 01.02.2016 (Annexure P-10), under Section 45A of 1948 Act, was issued .

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Without expressing anything on the merits and de-merits of the matter, I am of the view that matter is pending consideration

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SAVITA DEVI KADIAN 2016.03.15 11:09 I attest to the accuracy and integrity of this document High Court Chandigarh

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Civil Revision No.1670 of 2016

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{2}

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before the ESI Court and it would be apt to issue appropriate directions to the Court to decide the controversy as expeditiously as possible. In the meantime, the implementation of the notice, Annexure P-10 shall be kept in abeyance. However, the respondents shall be at liberty to take action, in accordance with law, in case, the petitioner is unable to succeed in his petition stated to be pending.

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With the aforementioned observations, the revision petition stands disposed of, with a direction to the trial Court to decide the petition within a period of six months from the date of receipt of certified copy of this order.

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(AMIT RAWAL) JUDGE

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March 03, 2016

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savita

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SAVITA DEVI KADIAN 2016.03.15 11:09 I attest to the accuracy and integrity of this document High Court Chandigarh

M/S Shelly Nursing Home v. Employees State Insurance Corporation

Case brief

What is this about?

What did the court decide?

M/S Shelly Nursing Home v. Employees State Insurance Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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