The Employees State Insurance ... vs M/S Sona Plastic Industries
2023 Latest Caselaw 182 Tel

           THE HON'BLE SRI JUSTICE T. VINOD KUMAR
                                       AND
            THE HON'BLE SMT. JUSTICE P.SREE SUDHA

                            C.M.A. No.18 of 2023


JUDGMENT: (per Hon'ble Sri Justice T.Vinod Kumar)

         Heard Ms.Divya Adepu, learned counsel for the appellants, and

perused the record.


2.       This Appeal is filed against the order of the Employees Insurance

Court and the Industrial Tribunal-I at Hyderabad (for short 'the

Tribunal') dt.01-08-2022 in E.I.C.No.34 of 2018.


3.       By the said order, the Tribunal, by taking note of the submissions

made on behalf of the respondent/appellant of the closure of business

even before the relevant period for which contributions under the Act

are claimed by the Corporation, while setting aside the order passed

under Section 45A of the Employees' State Insurance Act, 1948 (for

short 'the Act') and consequential recovery notice in form C-19

dt.25-04-2018, remanded the matter back to the ESI Corporation

directing the said Authority to re-determine the liability of the

respondent by considering the documents that may be submitted by the

respondent/petitioner within a period of five months from the date of the

order.

4. By mere setting aside the demand raised and remitting the matter

back to the appellant/Corporation for re-determination, in our

considered view, the Tribunal did not decide the matter one way or the

other, so as to give raise to any grievance. That being the position, the

appellants cannot have any grievance against the order of remand.

Further, it is also to be noted that the period of five months, as permitted

by the Tribunal for passing fresh order on remand, is already over.

5. In view of the above, we see no reason to entertain the present

Appeal and it is accordingly dismissed. No costs.

6. As a sequel, the miscellaneous petitions, if any pending, shall

stand closed.

____________________ T. VINOD KUMAR, J

_________________ P.SREE SUDHA, J Date : 10-01-2023 Vsv