Case Note & Summary
The Regional Director, ESI Corporation, appealed against an order of the ESI Court, Panaji, which had allowed an application filed by Farmacia Ananta under Sections 75 and 77 of the Employees' State Insurance Act, 1948. The High Court heard both sides and found that the evidence led by the appellant was inadequate for the lower court to reach a concrete conclusion. Additionally, the lower court was not aware of a circular dated 16/11/1981 (Instruction no.17 of 1981) that had bearing on the issues, granting certain concessions to establishments covered under the Act. Consequently, the High Court set aside the impugned order and remanded the matter to the ESI Court for fresh adjudication. The ESI Court was directed to give both sides an opportunity to deal with the evidence on record, especially in light of the Supreme Court rulings in Rajkamal Transport & Anr. v. Employees' State Insurance Corporation, Hyderabad (1996) 9 SCC 644 and E.I.D. Parry (India) Ltd., Vijaywada v. Employees State Insurance Corporation & Anr. (2002) II CLR 349, and to give due consideration to the circular. The adjudication was to be completed within six months from the receipt of the writ. The appeal was disposed of with no order as to costs.
Headnote
A) Employees' State Insurance Act, 1948 - Sections 75 and 77 - Appeal against order of ESI Court - Inadequate evidence - Remand - The ESI Court's order was set aside as the evidence led by the appellant was insufficient and the Court failed to consider a circular dated 16/11/1981 bearing on the issues. The matter was remanded for fresh adjudication with opportunity to both sides to deal with evidence in light of Supreme Court rulings and the circular. (Paras 3-4)
Issue of Consideration
Whether the ESI Court's order was sustainable given inadequate evidence and non-consideration of a relevant circular.
Final Decision
The impugned order of the ESI Court, Panaji is set aside. The matter is remanded to the ESI Court for adjudication afresh, with opportunity to both sides to deal with evidence in light of Supreme Court rulings and the circular. Adjudication to be completed within 6 months. Appeal disposed of with no order as to costs.
Law Points
- Inadequate evidence
- Remand for fresh adjudication
- Consideration of circular
- Application of Supreme Court rulings
