Case Note & Summary
The review petition was filed by M/s Renram Fashions India Pvt Ltd under Order 47 Rule 1 of the Code of Civil Procedure, 1908, seeking review of an order dated 19.11.2024 passed by the High Court of Karnataka in MFA No.3185/2017. The factual background is that the respondent, the Employees' State Insurance Corporation (ESIC), passed an order on 13.06.2014 under Section 85-B of the Employees' State Insurance Act, 1948, directing the petitioner to pay Rs.26,34,569/- as damages for delay in payment of contributions for the period from January 2009 to June 2013. The petitioner challenged this order before the Employees' State Insurance Court, Bengaluru, in ESI No.27/2014. The ESI Court, by order dated 13.06.2014, allowed the petition in part and reduced the damages from Rs.26,34,569/- to Rs.6,00,000/-. The respondent ESIC challenged the ESI Court's order before the High Court in MFA No.3185/2017. The High Court, by order dated 19.11.2024, dismissed the appeal and upheld the ESI Court's order reducing the damages. The petitioner then filed the present review petition, contending that the High Court had not considered the fact that the ESI Court had already reduced the damages. The High Court heard the learned counsel for both parties. The Court observed that the review petition did not disclose any error apparent on the face of the record. The grounds raised by the petitioner were not within the scope of review under Order 47 Rule 1 CPC. The Court found no merit in the petition and dismissed it. The decision was that the review petition was dismissed, and no order as to costs.
Headnote
A) Civil Procedure - Review - Error Apparent on Face of Record - Order 47 Rule 1 Code of Civil Procedure, 1908 - The review petitioner sought review of an order passed in MFA No.3185/2017, contending that the court had not considered the fact that the ESI Court had already reduced damages from Rs.26,34,569/- to Rs.6,00,000/-. The High Court held that the review petition did not disclose any error apparent on the face of the record and that the grounds raised were not within the scope of review. The petition was dismissed. (Paras 1-4) B) Employees' State Insurance - Damages for Delayed Contribution - Section 85-B Employees' State Insurance Act, 1948 - The respondent ESI Corporation passed an order under Section 85-B directing the petitioner to pay Rs.26,34,569/- as damages for delay in payment of contributions from January 2009 to June 2013. The ESI Court reduced the damages to Rs.6,00,000/-. The High Court, in the original appeal, upheld the ESI Court's order. The review petition against that order was dismissed. (Paras 3-4)
Issue of Consideration
Whether the order dated 19.11.2024 passed in MFA No.3185/2017 suffers from any error apparent on the face of the record warranting review under Order 47 Rule 1 CPC.
Final Decision
The review petition is dismissed. No order as to costs.
Law Points
- Review jurisdiction
- Error apparent on the face of the record
- Order 47 Rule 1 CPC
- Section 85-B Employees' State Insurance Act
- 1948
