The Regional Director, E.S.I ... vs Mr. Parmar Kamleshbhai Chimanlal
2024 Latest Caselaw 9140 Guj

Gujarat High Court

The Regional Director, E.S.I ... vs Mr. Parmar Kamleshbhai Chimanlal on 21 November, 2024

                                                                                                              NEUTRAL CITATION




                             C/CA/5079/2024                                    ORDER DATED: 21/11/2024

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5079 of
                                                      2024

                                              In F/FIRST APPEAL NO. 28648 of 2024

                      ==========================================================
                                        THE REGIONAL DIRECTOR, E.S.I CORPORATION
                                                         Versus
                                          MR. PARMAR KAMLESHBHAI CHIMANLAL
                      ==========================================================
                      Appearance:
                      MS DIMPLE A THAKER(6838) for the Applicant(s) No. 1
                      RULE SERVED for the Respondent(s) No. 1
                      ==========================================================

                           CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                          Date : 21/11/2024

                                                            ORAL ORDER

1. By way of this application, the applicant has prayed for

condonation of delay of 112 days caused in preferring the proposed

appeal against the judgment and order dated 12.04.2024 passed by

the Employees State Insurance Court, Ahmedabad whereby the

appeal preferred by the present applicant under Section 82 of the

ESIC Act, 1948 has not been entertained.

2. Heard Ms. Dimple A. Thaker, learned advocate on record for the

applicant.

3. Pursuant to the order dated 10.10.2024 passed by this Court,

the rule issued upon the respondent-workman, is reported to have

NEUTRAL CITATION

C/CA/5079/2024 ORDER DATED: 21/11/2024

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been duly served; however, no appearance has been entered on

behalf of the respondent.

4. It is a settled legal position that 'sufficient cause' should be

given liberal consideration so as to advance substantial justice when

there is no intention, no negligence nor want of bona fides. Looking to

the averments made in the application and in absence of any

opposition from the respondent, if the same are treated to be correct,

it can be noticed applicant was pursuing remedy and has no intention

to abandon their right to appeal. The present application seeking

condonation of delay therefore deserves consideration. Hence, the

present application is allowed and stands disposed of. Rule is made

absolute.

(NISHA M. THAKORE,J) SUYASH SRIVASTAVA