M/S Sunshine Process vs Direct.Gen.Esi Corpn. & Ors
2010 Latest Caselaw 2551 Del

                                                      UNREPORTABLE


*      IN THE HIGH COURT OF DELHI AT NEW DELHI


                           FAO No.271/2005

                                    Date of Decision: May 12, 2010


       M/S SUNSHINE PROCESS                   ..... Appellant
                     through Mr. Ankit Jain, Advocate with
                     Mr. Rahul Bakshi, Advocate

                  versus


       DIRECT.GEN.ESI CORPN. & ORS        ..... Respondents
                     through Mr. K.P.Mavi, Advocate

       CORAM:
       HON'BLE MISS JUSTICE REKHA SHARMA

1.     Whether the reporters of local papers may be allowed to see the
       judgment? No
2.     To be referred to the reporter or not? No
3.     Whether the judgment should be reported in the 'Digest'? No

REKHA SHARMA, J. (ORAL)

This appeal has been preferred against the order of Senior Civil

Judge, Shri Dayaprakash dated September 07, 2005 directing the

appellant to deposit 50% of the impugned demand raised by the ESIC.

It is submitted by the learned counsel for the appellant that the

said order has been passed without considering the application filed

by the appellant under the proviso of Section 75(2B) of the

Employees' State Insurance Act, 1948 (hereinafter referred to as the

ESI Act). The proviso, it may be noted, empowers the Court to waive

or reduce the amount to be deposited under Section 75(2B) of the ESI

Act subject to reasons to be recorded in writing.

Having regard to the fact that no order has been passed on the

application of the appellant as aforementioned, I direct the trial Court

to consider the application of the appellant and pass an appropriate

order thereon after hearing the parties. The parties are directed to

appear before the ESI Court on July 12, 2010. The trial Court is

directed to dispose of the application within three months from the

said date.

With this direction, the appeal is disposed of.

REKHA SHARMA, J.

MAY 12, 2010 ka