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Madras High CourtCMA/986/2020disposed of

C.Abdul Rahman And Co v. Employees State Insurance Corporation,

2020-09-10Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.09.2020

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA CMA.NOS.986, 992 AND 1026 OF 2020 AND CMP.NOS.9586, 9594 AND 9598/2020 C.Abdul Rahman and Co., Tannery, Kandampalli Road, Thuthipet 635 811 rep. by its Partner C.Nadeem Ahmed .. Appellant in all CMAs.

vs.

1. Employees State Insurance Corporation Regional Officer (Tamil Nadu), Deputy Regional Director, No.143, Sterling Road, Nungambakkam, Chennai-600 034.

2. The Recovery Officer, Employees State Insurance Corporation, No.143, Sterling Road, Nungambakkam, Chennai-600 034.

.. Respondents in all CMAs.

Civil Miscellaneous Appeals filed against the orders of the Principal Labour Court, Vellore, in I.A.No.195 of 2012 in I.A.No.11 of 2012 in I.A.No.245 of 2010 in E.S.I.O.P.No.4 of 2015 dated 22.8.2012, I.A.No.194/2012 in I.A.No.10 of 2012 in I.A.No.177/2010 in E.S.I.O.P.No.3 of 2015 dated 22.08.2012 and I.A.No.193 of 2012 in I.A.No.9 of 2012 in I.A.No.176/2010 in E.S.I.O.P.No.2 of 2005 dated 22.08.2012.

For Appellant : Mrs.R.Sripriya for M/s.V.Raghavachari For Respondents : Mr.G.Bharadwaj COMMON JUDGMENT Originally, aggrieved by the impugned fair and decreetal orders passed by the Principal Labour Court, Vellore, in I.A.No.195 of 2012 in I.A.No.11 of 2012 in I.A.No.245 of 2010 in

E.S.I.O.P.No.4 of 2015 dated 22.08.2012, I.A.No.194/2012 in I.A.No.10 of 2012 in I.A.No.177/2010 in E.S.I.O.P.No.3 of 2015 dated 22.08.2012 and I.A.No.193 of 2012 in I.A.No.9 of 2012 in I.A.No.176/2010 in E.S.I.O.P.No.2 of 2005 dated 22.08.2012, while allowing the said petitions on condition that the petitioner therein to pay a sum of Rs.20,000/- in each petition (Rs.10,000/- to each respondent in each petition) on or before 30.08.2012 failing which the interlocutory applications shall stand dismissed, the appellant herein filed Civil Revision Petition (NPD) Nos.3738 to 3740/2012 before this Court. But, subsequently, taking into account the technical objection raised by the learned Counsel for the respondent Employees State Insurance Corporation, this Court has converted the same into Civil Miscellaneous Appeals in CMA.Nos.986, 992 and 1026 of 2020 respectively.

2.

Learned Counsel for the respondent ESI Corporation submitted that in view of Section 82 of the Employees State Insurance Act as there is no substantial question of law raised, the Civil Miscellaneous Appeals will fail.

3.

In reply, learned Counsel for the appellant submitted that the appellant is prepared to pay the entire amount as ordered by the Presiding Officer, Principal Labour Court, Vellore. Therefore, the matters need not be taken up for further hearing.

4.

Recording the statement now made by the learned Counsel for the appellant that the appellant is prepared to pay the entire amount as ordered by the Presiding Officer, Principal Labour Court, Vellore, the Civil Miscellaneous Appeals are disposed of. Only one week time from today is granted for the payment of the amount failing which the interlocutory applications shall stand automatically dismissed. No costs. Consequently, connected Miscellaneous Appeals are disposed of. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tsi To The Principal Labour Court, Vellore.

Copy To The Section Officer, VR Section, High Court, Madras-104.

+1cc to Mr.G.Bharadwaj, Advocate, S.R.No.29755 +1cc to M/s.V.Raghavachari, Advocate, S.R.No.29663 CMA.Nos.986, 992 and 1026 of 2020 NMI(CO) CS/06/11/2020