M/S Numaligarh Refinery Ltd vs The Employees State Insurance ...
2023 Latest Caselaw 3183 Gua

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GAHC010178982023




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : I.A.(Civil)/2373/2023
                                           In MFA No. 59/2023

            M/S NUMALIGARH REFINERY LTD.
            REPRESENTED BY ITS MANAGING DIRECTOR PANKAGRANT,
            NUMALIGARH REFINERY COMPLEX, DIST GOLAGHAT, ASSAM 785699.



            VERSUS

            THE EMPLOYEES STATE INSURANCE CORPORATION AND 3 ORS
            REPRESENTED BY ITS MANAGING DIRECTOR, BAMUNIMAIDAM,
            GUWAHATI-21.

            2:THE ASSISTANT DIRECTOR

             EMPLOYEES STATE INSURANCE CORPORATION
             BAMUNIMAIDAM
             GHY-21.

            3:THE DEPUTY DIRECTOR (FINANCE)

             EMPLOYEES STATE INSURANCE CORPORATION
             BAMUNIMAIDAM
             GUWAHATI-21.

            4:THE NUMALIGARH REFINERY EMPLOYEES UNION
             P.O. NUMALIGARH REFINERY COMPLEX
             DIST. GOLAGHAT
             PIN- 785699

Advocate for the Petitioner   : MR. U K NAIR

Advocate for the Respondent :
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                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                       ORDER

17-08-2023 Heard Shri U. K. Nair, learned Senior Counsel for the applicant who by means of this application has prayed for a restraint order concerning the demands made by the ESI. It is submitted that the connected judgment and order dated 18.03.2023 passed in ESI Case No. 3/2010 is the subject matter of challenge in the connected appeal i.e. MFA No. 59/2023 which has been admitted by this Court on 09.08.2023.

It is submitted that there are good grounds of appeal and if in the meantime, a restraint order is not passed, irreparable loss and injury would be suffered. The learned Senior Counsel further submits that there is a prima facie case as at that relevant point of time there was no application of the Act itself in the concerned district of Golaghat.

Issue Notice, returnable on 15.09.2023.

Shri M. Smith, learned Standing Counsel, ESI accepts notice on behalf of respondent nos. 1, 2 & 3.

Let extra copies of the Interlocutory Application alongwith Memo of Appeal be served upon him by today itself.

Steps for service of notice upon the respondent no. 4 be taken by registered post with A/D by Monday i.e. 21.08.2023.

List along with the appeal on 15.09.2023.

Till the returnable date, the ESI authorities are restrained from taking any coercive action pursuant to the order dated 25.08.2010.

JUDGE

Comparing Assistant