Madras High Court
M/S.Future Calls Technology ... vs The Employees State Insurance ... on 9 March, 2021
C.M.A.No.1423 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
C.M.A.No.1423 of 2018
C.M.P.No.11358 of 2018
M/s.Future Calls Technology Pvt.Ltd
No.16/2, Thiruveethi Amman Koil Street,
Koyambedu,
Chennai-600 017. .. Appellant
vs.
1.The Employees State Insurance Corporation,
Rep.by the Regional Director,
143, Sterling Road,
Nungambakkam, Chennai-34.
2.The Recovery Officer,
E.S.I Corporation,
143, Sterling Road,
Nungambakkam, Chennai-34. .. Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 82(2) of the
Employees' State Insurance Act, 1948, against the order and decree dated
29.12.2017 in E.I.O.P.No.22 of 2013 passed by the learned Judge, Principal
Labour Court, (Employees' Insurance Court), Chennai.
1/5
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1423 of 2018
For Appellant : Mr.Anand Gopalan
for M/s.T.S.Gopalan & Co
For Respondents :Mr.S.P.Srinivasan
ORDER
The order dated 29.12.2017 passed in E.I.O.P.No.22 of 2013 is under
challenge in the present Civil Miscellaneous Appeal.
2. The learned counsel appearing on behalf of the appellant mainly
contended that the Employees Insurance Court has extracted the pleadings
of the parties and dismissed the appeal without any adjudication or findings
with reference to the issues as well as the evidence produced by the parties.
3. On perusal of the order, it reveals that in 13 page judgment, upto
paragraph No.11, pleadings are extracted. In paragraph No.12, the
Employees Insurance Court arrived a conclusion that the appellant is bound
the pay the amount claimed by the respondent. It is further stated that on
perusal of the records, the claim of the respondents is rightful and legally
valid. Except the general observation, the Employees Insurance Court has
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C.M.A.No.1423 of 2018
not decided the issues with reference to the documents and evidence
produced by the parties. Appeals under Section 75 of the ESI Act are to be
adjudicated on merits and in accordance with law and by affording
opportunity to the parties. The appeal being a first appeal, the factual
aspects are to be considered and the findings are to be arrived by the
Employees Insurance Court. However, in the present case, no such exercise
has been done by the Employees Insurance Court. Contrarily, the pleadings
were recorded and the petition was dismissed by merely stating that the
claim of the respondent is rightful and legally valid. Such finding is
insufficient for the purpose of satisfying the application of mind to be
exercised.
4. This being the factum, this Court is of the opinion that the matter
deserves to be remanded back for re-consideration. Accordingly, the order
dated 29.12.2017 passed in E.I.O.P.No.22 of 2013 is set aside and the
matter is remanded back to the Employees Insurance Court [Principal
Labour Court, Chennai] for fresh adjudication by affording opportunity to
all the parties and dispose of the appeal on merits and in accordance with
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C.M.A.No.1423 of 2018
law within a period of six months from the date of receipt of a copy of this
order.
5. Accordingly, the Civil Miscellaneous Appeal stands allowed. No costs.
Consequently, connected miscellaneous petition is also closed.
09.03.2021
ssb
Index: Yes/No
Internet:Yes/No
Speaking order/Non-Speaking Order
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1423 of 2018
S.M.SUBRAMANIAM, J.
ssb
To
1.The Judge,
Principal Labour Court, (Employees' Insurance Court), Chennai.
2.The Employees State Insurance Corporation,
Rep.by the Regional Director,
143, Sterling Road,
Nungambakkam, Chennai-34.
3.The Recovery Officer,
E.S.I Corporation,
143, Sterling Road,
Nungambakkam, Chennai-34.
C.M.A.No.1423 of 2018
09.03.2021
https://www.mhc.tn.gov.in/judis/
