M/S Ram Bharose Thekedar Through ... vs Employees State Insurance ...
2022 Latest Caselaw 1523 ALL

Citation : 2022 Latest Caselaw 1523 ALL
Judgement Date : 26 April, 2022

Allahabad High Court

M/S Ram Bharose Thekedar Through ... vs Employees State Insurance ... on 26 April, 2022

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- WRIT - C No. - 2164 of 2022
 

 
Petitioner :- M/S Ram Bharose Thekedar Through Its Proprietor Shri Ram Bharose And Another
 
Respondent :- Employees State Insurance Corporation, Thru. Its Authorized Office And 2 Others
 
Counsel for Petitioner :- Santosh Kr. Yadav Warsi, Amit Kumar Gupta, Indresh Kumar,Sandeep Kumar Srivastava, Vineet Srivastava
 
Counsel for Respondent :- Shishir Pradhan, Pankaj Kumar Tiwari
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner and Sri Shishir Pradhan, the counsel for the respondents.

The present petition has been filed challenging the order dated 10.11.2021 whereby the appeal preferred by the petitioner was dismissed.

The counsel for the petitioner argues that an order dated 17.12.2019 was passed against the petitioner and subsequently, the recovery order dated 18.03.2020 was passed. The petitioner approached this Court by filing a writ petition No.18919 (M/S) of 2020, which was disposed off on 09.11.2020 directing the petitioner to file an appeal under section 45-AA of the E.S.I. Act 1948. The petitioner preferred an appeal in pursuance to the directions given by this court on 17.09.2021, the said appeal was dismissed on the ground of limitation.

The counsel for the petitioner argues that in terms of the directions of the Supreme Court as well as of this Court in PIL No.564 of 2020 in Re: (Suo Moto vs. State of U.P.) the limitation for filing was extended. He argues that even otherwise, the dismissal on the ground of being beyond limitation was improper exercise of the power.

Considering the judgment of the Supreme Court followed by this Court in PIL No.564 of 2020 (supra), the order dated 10.11.2021 is set aside. The matter is remanded to the appellate authority for deciding the appeal on merits in accordance with law.

The writ petition stands disposed off.

Order Date :- 26.4.2022

VNP/-