M/S Digvijay Textiles v. Reg.Dir.,E.S.I.C. Jaipur and Ors.
Case brief
What is this about?
An appeal against a Rajasthan High Court order that partly allowed an appeal in a service dispute. The High Court had set aside dismissal, exempted contribution, and granted five-year service, relying on provisions not explicitly pleaded. The Supreme Court quashed the wider relief as not covered by the appeal and remanded the order.
What did the court decide?
High Court order quashed in part; request for set aside of dismissal and exemption from contribution allowed only if five-year service was interrupted; otherwise dismissal stands and contribution orde
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 816/2007
M/s Digvijay Textiles, 12-A Heavy Industrial Area, Jodhpur through Director Shri Kishanlal Garg S/o Shri Mishrilal Ji Garg, by caste Agarwal, aged 57 years, r/o Nehru Park, Jodhpur
----Appellant
Versus
- Regional Director, Employees State Insurance Corporation, Panchdeep Bhawan, Bhawani singh Marg, Jaipur-1
- Dy. Regional Director, Employees State Insurance Corporation, Panchdeep Bhawan, Bhawani Singh Marg, Jaipur-1
- Employees State Insurance Corporation, Rajasthan Area, Regional Office, Panchdeep Bhawan, Bhawani Singh Marg, Jaipur-1
- Recovery Officer, Employess State Insurance Corporation, Bhawani Singh Marg, Jaipur-1
----Respondent
For Appellant(s) : None Present For Respondent(s) : Mr. Rajkamal Soni
Issues for consideration
3 issues framed by the court
Whether the High Court was empowered to rely upon unstated statutory provisions (Section 75(2)(ch)) without assessing the employee's contribution when granting relief against dismissal and contributio
Whether the High Court could order withdrawal of dismissal and exemption from contribution under the ESI Act beyond the period of five years service.
Whether the order of the High Court to set aside the dismissal and contribution order should be allowed or dismissed.
Parties & counsel
- appellant
M/s Digvijay Textiles
- respondent
Regional Director, Employees State Insurance Corporation
Coram
Yogendra Kumar Purohit
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · May
- Registered
- Case no.
- CMA/816/2007
Similar cases
Judgements on the same questions, provisions and authorities, from every court