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Madras High CourtCMA/523/2011allowed

M/S Cherish Knits v. The Deputy Director

2019-11-14Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2019

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN C.M.A.No.523 of 2011 and M.P.No.1 of 2011 M/s.Cherish Knits 23, New Ramakrishanpuram II Street, Tiruppur - 641 607, Represented by its Proprietor, Sri. N. Shanmuga Prabhakar ... Appellant vs

1. The Deputy Director, Employees State Insurance Corporation, 333, Cross Cut Road, Coimbatore - 641 012.

Presently at The Deputy Director, Employees State Insurance Corporation, Sub Regional Office, 1897, Trichy Road, Coimbatore - 641 045.

2. The Recovery Officer, Employees State Insurance Corporation, 333, Cross Cut Road, Coimbatore - 641 012.

Presently at The Recovery Officer, Employees State Insurance Corporation, Sub Regional Office, 1897, Trichy Road, Coimbatore - 641 045.

... Respondents Prayer: Civil Miscellaneous Appeal filed under Section 82 of the Employees State Insurance Act, 1948, to set aside the order of the Employees State Insurance and Labour Court, Coimbatore dated 28.12.2010 in ESIOP.No.58 of 2004.

https://hcservices.ecourts.gov.in/hcservices/

For Appellant : Mr.A.Deivasigamani for M/s.G.B.Saravana Bhavan For Respondents: Mr.C.V.Ramachandra Murthy

J U D G M E N T

This Court had already remitted back a similar issue in C.M.A.No.2626 of 2009 on 18.10.2019 to the Employees State Insurance and Labour Court, Coimbatore to complete the process. 2.The facts of present Civil Miscellaneous Appeal is similar to the above case. In view of the above, the order of the ESI and Labour Court in ESIOP.No.58 of 2004 is set aside and remitted back to the said Court to pass order within a period of six months from the date of receipt of a copy of this order.

3. Accordingly, the present Civil Miscellaneous Appeal is allowed by way of remand. No cost. Consequently, connected Miscellaneous Petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar jen To 1.The Employees State Insurance and Labour Court, Coimbatore.

2. The Section Officer, V.R. Section, Madras High Court.

+1 CC to Mr.G.B. Saravanabhavan, Advocate sr 95355. +1 CC to Mr.C.V.Ramachandra, Advocate sr 94816. C.M.A.No.523 of 2011 and M.P.No.1 of 2011 BP(CO) SP(27/12/2019) https://hcservices.ecourts.gov.in/hcservices/