THE HON'BLE SRI JUSTICE T. VINOD KUMAR
AND
THE HON'BLE SMT. JUSTICE P.SREE SUDHA
C.M.A. No.18 of 2023
JUDGMENT: (per Hon'ble Sri Justice T.Vinod Kumar)
Heard Ms.Divya Adepu, learned counsel for the appellants, and
perused the record.
2. This Appeal is filed against the order of the Employees Insurance
Court and the Industrial Tribunal-I at Hyderabad (for short 'the
Tribunal') dt.01-08-2022 in E.I.C.No.34 of 2018.
3. By the said order, the Tribunal, by taking note of the submissions
made on behalf of the respondent/appellant of the closure of business
even before the relevant period for which contributions under the Act are claimed by the Corporation, while setting aside the order passed under Section 45A of the Employees' State Insurance Act, 1948 (for short 'the Act') and consequential recovery notice in form C-19 dt.25-04-2018, remanded the matter back to the ESI Corporation directing the said Authority to re-determine the liability of the respondent by considering the documents that may be submitted by the respondent/petitioner within a period of five months from the date of the order.
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4. By mere setting aside the demand raised and remitting the matter back to the appellant/Corporation for re-determination, in our considered view, the Tribunal did not decide the matter one way or the other, so as to give raise to any grievance. That being the position, the appellants cannot have any grievance against the order of remand. Further, it is also to be noted that the period of five months, as permitted by the Tribunal for passing fresh order on remand, is already over.
5. In view of the above, we see no reason to entertain the present Appeal and it is accordingly dismissed. No costs.
6. As a sequel, the miscellaneous petitions, if any pending, shall stand closed.
____________________ T. VINOD KUMAR, J _________________ P.SREE SUDHA, J Date : 10-01-2023 Vsv