Madras High Court
Fha Apparels vs E.S.I. Corporation on 20 January, 2022
CMA.No.3670 of 2021
and CMP.Nos.10 & 12 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
CMA.No.3670 of 2021
and
CMP.Nos.10 & 12 of 2022
FHA Apparels,
Rep. by its Manager,
Mr.Jothiba Devappa Rajai,
S.F.No.456/2, Avinasilingampalayam,
Tirupur Main Road,
Avinashi – 641 654,
Tirupur District. ...Appellant / Petitioner / Petitioner
Vs.
E.S.I. Corporation,
Rep. by its Deputy Director,
No.1897, Trichy Road,
Coimbatore – 45. ...Respondent / Respondent / Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 82 of the Employees'
State Insurance Act, 1948 read with Section 151 of the Civil Procedure
Code, 1908, against the order dated 18.01.2021 in I.A.No.1 of 2020 in
E.S.I.O.P.CFR.No.1434 of 2020 passed by the Employees State Insurance
Court, [Principal Labour Court], Coimbatore.
1/4
https://www.mhc.tn.gov.in/judis
CMA.No.3670 of 2021
and CMP.Nos.10 & 12 of 2022
For Appellant : Mr.A.Deivasigamani
For Respondent : Mr.G.Bharadwaj
JUDGMENT
The petitioner has filed ESIOP.CFR.No.1434 of 2020, challenging
an order under Section 45-A of the Employees' State Insurance Act. The
petitioner sought for waiver of the pre-conditional deposit of 50% of the
amount levied as contribution. The ESI Court allowed the application partly
and directed the petitioner to deposit 25% of the contribution, which worked
out to Rs.2,56,930/- on or before 11.01.2021. On 11.01.2021, the petitioner
sought for extension of time by filing a petition. The said petition was
returned on the ground that it was not accompanied by an affidavit.
thereafter, on 18.01.2021, the petitioner filed a memo along with a demand
draft for Rs.2,56,930/-. The same was returned on the ground that the order
was not complied with in time.
2.It is seen from the records that the petitioner had, in fact, sought
for extension of time within the time granted by the ESI Court.
Unfortunately, the said petition was not accompanied by an affidavit
therefore, the petition was returned. In the meantime, the petitioner has
https://www.mhc.tn.gov.in/judis
CMA.No.3670 of 2021
and CMP.Nos.10 & 12 of 2022
produced a demand draft for the amount that was directed to be deposited
by the ESI Court. No dooubt, the ESI Court correct in concluding that the
order has not been complied with in time. I am of the opinion that the ESI
Court should have taken a pragmatic view and accepted the deposit because
the delay was only one week.
3.Considering the same, the deposit made on 18.01.2021 is treated
as in proper compliance with the order of the ESI Court dated 14.12.2020.
This civil miscellaneous appeal is therefore allowed, the production of
Demand Draft dated 18.01.2021 for a sum of Rs.2,56,930 is taken as proper
compliance with the order dated 14.12.2020 and IA.No.1 of 2020 will stand
allowed. The ESI Court will restore the ESIOP.CFR.No.1434 of 2020 and
dispose it of in accordance with law. No costs. Consequently, connected
miscellaneous petitions are closed.
20.01.2022
kkn
Index:No
Internet:Yes
Speaking
https://www.mhc.tn.gov.in/judis
CMA.No.3670 of 2021
and CMP.Nos.10 & 12 of 2022
R.SUBRAMANIAN, J.
KKN
To:-
The Employees State Insurance Court,
Principal Labour Court,
Coimbatore.
CMA.No.3670 of 2021
and
CMP.Nos.10 & 12 of 2022
20.01.2022
https://www.mhc.tn.gov.in/judis
