Deputy Director, Employees’ State Insurance Corporation vs Ward Memorial Church School

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1351

SOUMEN SEN, AMRITA SINHA, KAUSIK CHANDA
Deputy Director, Employees’ State Insurance Corporation – Appellant
Versus
Ward Memorial Church School – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Probal Kr. Mukherjee, Shiv Chandra Prasad.
For the Respondents: Sounak Bhattacharya, Sounak Mondal, Abhirup Halder, Anirban Saha Roy.
For the State : S.N. Mookherjee.
For the Amicus Curiae : Bhaskar Ghose, Rwitendra Banerjee.

Table of Content
1. nature of appeal against plaint rejection. (Para 1 , 4 , 6)
2. arguments on jurisdiction and relief. (Para 3 , 11 , 19)
3. resolution on the nature of the decree. (Para 5 , 12)
4. observations on prior conflicting cases. (Para 14 , 27 , 28)
5. final conclusion on the appropriate remedy. (Para 68)

JUDGMENT :

SOUMEN SEN, J.

1. The question which has been framed for the reference is as follows:

“Whether the remedy lies by filing Second Appeal, if the Revisional Court reverses the order of the Trial Court refusing to reject the plaint, as a corollary effect the plaint is rejected in view of the definition of “decree” given under Section 2(2) of the Code.”

2. The genesis of the reference is an order passed by the first Appellate Court, by which the judgment of the trial court was reversed.

3. The facts that are necessary for better appreciation of the reference are stated below.

4. A notice was issued by the Deputy Director, Employees State Insurance Corporation (in short ‘Corporation’) regarding implementation of the Employees’ State Insurance Act, 1948 (in short ‘the said Act 1948’) and payment of contribution under Section 40 of the said Act, Ward Memorial Church School (in s