The Sriman Madhwa Sidhantha vs The Employees State Insurance ...
2021 Latest Caselaw 6270 Mad

                                                                          C.M.A.No.1962 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.1962 of 2018
                                              C.M.P.No.15264 of 2018

                      The Sriman Madhwa Sidhantha
                      Onnahini Permanent Nidhi Ltd.,
                      (The S.M.S.O. Permanent Nidhi Ltd.)
                      37, Car Street, Triplicane,
                      Chennai-600 005.
                      Rep.by its Executive Officer.                                 .. Appellant
                                                        vs.

                      The Employees State Insurance Corporation,
                      Rep.by its Deputy Director,
                      143, Sterling Road,
                       Nungambakkam, Chennai-34.                                              ..
                      Respondents

                      PRAYER : Civil Miscellaneous Appeal filed under Section 82 (2) of the
                      Employees' State Insurance Act 34 of 1948, against the order and decree
                      dated 29.12.2017 in E.I.O.P.No.27 of 2005 passed by the learned Judge,
                      Principal Labour Court, (Employees' Insurance Court), Chennai confirming
                      the order dated 06.01.2005 passed by the respondent ESI Corporation.


                             For Appellant                : Mr.C.R.Prasanan


                      1/5


http://www.judis.nic.in
                                                                              C.M.A.No.1962 of 2018

                              For Respondents               :Mr.K.Prabhakar


                                                    JUDGMENT

The Civil Miscellaneous Appeal is filed against the order and decree dated

29.12.2017 in E.I.O.P.No.27 of 2005 passed by the learned Judge, Principal

Labour Court, (Employees' Insurance Court), Chennai confirming the order

dated 06.01.2005 passed by the respondent ESI Corporation.

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.13, pleadings are extracted. In paragraph No.14, 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 respondent is rightful and legally

valid. Except the general observation, the Employees Insurance Court has

http://www.judis.nic.in C.M.A.No.1962 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 in E.I.O.P.No.27 of 2005 passed by the learned Judge,

Employees' Insurance Court, (Principal Labour Court), Chennai confirming

the order dated 06.01.2005 passed by the respondent ESI Corporation is set

aside and the matter is remanded back to the Employees Insurance Court

http://www.judis.nic.in C.M.A.No.1962 of 2018

[Principal Labour Court], Chennai for fresh adjudication and by affording

opportunity to all the parties and dispose of the appeal on merits and in

accordance with 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

http://www.judis.nic.in C.M.A.No.1962 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 its Deputy Director, 143, Sterling Road, Nungambakkam, Chennai-34.

C.M.A.No.1962 of 2018

09.03.2021

http://www.judis.nic.in