E.S.I.C. vs L.Hotel
2023 Latest Caselaw 11157 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER No. - 489 of 2008
 

 
Appellant :- E.S.I.C.
 
Respondent :- L.Hotel
 
Counsel for Appellant :- Rajesh Tewari
 
Counsel for Respondent :- Shyam Narain,S. Narain
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

By way of this appeal, the appellant has challenged the order dated 17.9.1991 passed by Civil Judge, Agra in E.S.I. Case No.944 of 1988.

The records of the case were totally ignored. The respondent's premises had more than 20 persons employed between 1.2.1980 to 14.3.1981, therefore, the act was applicable to the respondents. The demand notice which has been quashed, could not have been quashed despite giving an ample opportunity none has appeared for the respondent.

It is submitted by learned counsel for the appellant that facts are akin to the judgment of the Hon'ble Apex Court in the case of Bombay Anand Bhavan Restaurant and others Vs. The Deputy Director, ESI Corporation and others, 2009 (0) Supreme(SC) 1526, that covered the facts of this appeal also.

In view of above, the appeal is allowed.

Order Date :- 13.4.2023

P.S.Parihar