Pune Mahanagar Parivahan Mahamandal Ltd. v. The Joint Director, Employees State Insurance Corporation

14.1165.19-fa.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION First Appeal No.1165/2019 with Civil Application No.2227/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Anjali P. Yajurvedi for the Appellant Mr. T. R. Yadav I/b. Shailesh S. Pathak for the Respondent CORAM: K.K.TATED, J.

DATED : OCTOBER 3, 2019 P.C.

Heard. By this First Appeal, the Appellant challenges the judgment dated 15.03.2019 passed by the Employees Insurance Court Pune in Application (ESI) No.7/2011 rejecting the Appellant's Application u/s.75(1)(g) of the ESI Act, 1948.

Considering the submissions made by the learned counsel for the Appellant following order is passed:

a.

Admit, on the following substantial question of law:

Basavraj G. Patil 1/2

14.1165.19-fa.odt "Whether the exemption granted to the PMT and PCMT Undertakings and thereafter when both these Undertakings merged with the Appellant, whether the exemption granted can continue to the contract labour appointed by them?"

b.

The Appellant is directed to file paper book within a period of one year from today with copy to other side failing which the First Appeal shall stand dismissed without further reference to the court.

c.

Printing dispensed with.

d.

Office to call R & P immediately.

e.

The learned counsel for the Respondent no.1 waives service.

f.

Liberty granted to the Respondent to file Affidavit-in-Reply in the Civil Application with copy to other side, on or before 08.11.2019.

g.

Place the Civil Application on board on 15.11.2019.

(K.K.TATED, J.) Basavraj G. Patil 2/2