M/S. Uday Talkies And Ors vs Employees State Insurance ...
2021 Latest Caselaw 15976 Bom

Rane                          1/3           WP-1665-2021(SR.9)
                                                    17.11.2021

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY

            CRIMINAL APPELLATE JURISDICTION

            WRIT PETITION NO. 1665 OF 2021


M/s. Uday Talkies and anr.                   .....Petitioner

         V/s.

Employees State Insurance
Corporation and anr.                        .....Respondents


                   ****
Ms. Lata Desai a/w. Mr. Yashodhan Divekar, Dr. Ms.
Pallavi Divekar a/w. Ms. Shreya Pednekar i/by. M/s.
Divekar & Co., Advocate for the petitioner.

Smt. S.V. Sonawane, APP for State.

            Coram : Sandeep K. Shinde, J.

Wednesday, 17th November, 2021.

P.C. :

1. Heard.

2. Petitioner is acused in Complaint No.

27/EW/2006 filed by the Employees State Insurance Rane 2/3 WP-1665-2021(SR.9) 17.11.2021

Corporation for the offences punishable under

Section 85(A) of the Employees State Insurance Act,

1948.

3. On 9th May 2006, the learned Magistrate

issued process in the complaint against the

petitioners. This order was challenged in Revision No.

355/2020. The revision was rejected by the

Additional Sessions Judge on 10th December, 2020.

Feeling aggrieved by the said order, the petitioners

have approached this Court in its supervisory

jurisdiction.

4. Learned Counsel for the petitioners, has

drawn my attention to the judgment and order dated

14th July, 2018 passed by the Employees' State

Insurance Court, Pune, by which it was held that

petitioners establishment was not covered under the Rane 3/3 WP-1665-2021(SR.9) 17.11.2021

ESI Act. It appears, that, finding of the Employees

Insurance Court, Mumbai has not been considered by

the learned Revisional Court, while deciding the legality

of 'issue process' order. Thus, prima-facie, a

case is made out for granting the ad-interim relief.

5. Issue notice to the respondent no.1

returnable after 8 weeks i.e. on 19th January, 2022.

6. Smt. Sonawane, learned APP, waives notice

on behalf of the State.

7. In the meanwhile, there shall be ad-interim

relief in terms of prayer clause (d).

         Digitally
         signed by
         NEETA
NEETA    SHAILESH
SHAILESH SAWANT
SAWANT Date:
         2021.11.17
         19:17:29                                (Sandeep K. Shinde, J.)
         +0530