WPMS/2330/2023
2023 Latest Caselaw 2372 UK

Citation : 2023 Latest Caselaw 2372 UK
Judgement Date : 21 August, 2023

Uttarakhand High Court

WPMS/2330/2023 on 21 August, 2023

               Office Notes,
              reports, orders
SL.          or proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No            directions and
             Registrar's order
              with Signatures

                                 WPMS No.2330 of 2023
                                 With
                                 IA/1/2023 (Interim Relief Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. Harsh Vardhan Dhanik and Mr. Imran Ali Khan, learned counsel for the petitoner.

The petitioner is an employer, who is facing the proceeding of Employees Compensation Act in ECA Case No.10 of 2017, "Km Reshma Vs. Singhal Spintex Pvt. Ltd and Others". He submits, that he had filed an application praying for that an issue may be decided as preliminary issue, as to when the petitioner's organization is covered by Employees State Insurance Act of 1948 and as to whether the provisions of Employees Compensation Act of 1973 would be applicable or not?

Under either of the acts, none of the provisions contemplate that the provisions contained under Order 14 of C.P.C. would be attracted and it is a grey area, which is required to be answered.

In these circumstances, where there is an interplay of procedural law in the two Central Legislations, whether the provisions of deciding an issue as a preliminary issue could, at all, be attracted or not.

It is purely a legal issue, which is to be answered by the adversary to the present petitioner.

Issue notices to the respondents. Steps to serve the respondents will be taken by the learned counsel for the petitioner within a period of one week from today.

List after service of notice on the respondents.

Till the next date of listing, the proceedings of ECA Case No.10 of 2017, "Km Reshma Vs. Singhal Spintex Pvt. Ltd. and Others" may be proceeded with but no judgment would be rendered, except with prior permission of this Court.

(Sharad Kumar Sharma, J.) 21.08.2023 Sukhbant