M/S.Future Retail Limited v. The Additional Commissioner And

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2023

CORAM

THE HONOURABLE MRS. JUSTICE R. HEMALATHA M/s.Future Retail Limited, Represented by its Authorised Signatory, Mr.N.N.Rajesh Kumar Gupta, Having its Registered Office at Knowledge House, Off Jogeshwari - Vikhroli Link Road, Shyam Nagar, Jogeshwari (East), Mumbai - 400 060.

... Petitioner Vs.

1.The Additional Commissioner and Regional Director, Appellate Authority, Employees State Insurance Corporation, Regional Office (Tamil Nadu), 143, Sterling Road, Chennai - 600 034.

2.The Assistant Director, Employees State Insurance Corporation, Regional Office (Tamil Nadu), 143, Sterling Road, Chennai - 600 034.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to reopen the appeal in No.TN/Ins-VI/51-35-006126-002-1002 filed under Section 45-AA of the Employees State Insurance Act, 1948 by the petitioner on 20.02.2020, afford a fair and reasonable opportunity of being heard to the writ petitioner and dispose the same on merits following the principles of natural justice.

For Petitioner : Mr.V.V.Sivakumar For Respondents : Ms.S.Jayakumari

ORDER

When the matter is taken up for hearing today, it was brought to the notice of this Court that the writ petitioner, due to Covid-19 Pandemic situation, was not in a position to attend the personal hearing before the first respondent Authority and this was not taken into consideration while passing orders dated 23.10.2020 of dismissal of the appeal filed by the present writ petitioner.

2. Mr.V.V.Sivakumar, learned counsel for the writ petitioner

would contend that the writ petitioner had deposited a sum of Rs.45,80,004/- being 25% of the Award amount and that the employer was not given any opportunity to appear before the first respondent Authority.

3.Per contra, Ms.S.Jayakumari, learned counsel for the respondents would contend that the petitioner was given ample opportunities to putforth their contentions and that they did not avail the same. Therefore, the first respondent Authority was right in passing orders under Section 45 AA of ESI Act, 1948.

4.In the instant case, the writ petitioner prays only for giving them an opportunity. It is true that during the year 2020 there was a lockdown due to Covid-19 Pandemic situation and the first respondent Authority had passed an order even without hearing the present writ petitioner. Therefore, in the interests of justice, the matter is remitted back to the first respondent Authority to consider the submissions putforth by the writ petitioner. The first respondent Authority is directed

to dispose of the case within a period of six months from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is allowed. No costs. Consequently, connected Writ Miscellaneous Petition is closed. 24.11.2023 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl To 1.The Additional Commissioner and Regional Director, Appellate Authority, Employees State Insurance Corporation, Regional Office (Tamil Nadu), 143, Sterling Road, Chennai - 600 034.

2.The Assistant Director, Employees State Insurance Corporation, Regional Office (Tamil Nadu), 143, Sterling Road, Chennai - 600 034.

R. HEMALATHA, J.

mtl 24.11.2023