Judgment · High Court · 2009
Case at a glance
Provisions considered
Judgment
Heard Shri S.S. Ghate, Advocate appellant and Advocate Shri Maldhure, Advocate for respondents. The Appeal is under Section 82 of Employees State Insurance Act, 1948. Perusal of impugned judgment shows that challenge before E.S.I. Court was restricted to damages under regulation 31[c] examining arguments, E.S.I. Court has waived damages to the extent of 50%. Appeal filed by E.S.I. Corporation vide No.421/2008 has been admitted by this Court on question whether ESI Court can, contrary to the stipulation in the Act waive damages in such manner in case of a sick industry. -2- In present matter, no substantial question of law arise and the substantial question of law as shown from Synopsis pertains to Section 45-A challenge. Said order under Section 45A was never earlier challenged and was not the subject matter of appeal before the ESI Court. Present Appeal is therefore misconceived and the same is thus dismissed. No cost. JUDGE Rgd.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Employees State Insurance Act, 1948 — s. 82.
Which court decided this case, and when?
Bombay High Court, on 04 Feb 2009. The bench was B P DHARMADHIKARI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.