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2021 Supreme(Mad) 667

T.RAJA
Employees State Insurance Corporation, Rep. by its Regional Director, Chennai – Appellant
Versus
H. E. Abdul Azeez – Respondent


Advocates Appeared:
For the Appellant :S. Subbiah, Senior Counsel for G. Bharadwaj, Advocate.
For the Respondent:S. Ravindran, Senior Counsel for S. Bazeer Ahamed, Advocate.

JUDGMENT :

Prayer: Memorandum of Grounds of Civil Miscellaneous Appeal filed under Section 82(2) of the Employees State Insurance Act, 1948, against the order dated 14.09.2015 passed in E.I.O.P.No.12 of 2004 by the Employees Insurance Court (Principal Labour Court), Chennai.

1. The Employees State Insurance Corporation represented by its Regional Director, Chennai has brought this civil miscellaneous appeal against the order dated 14.09.2015 passed by the Employees Insurance Court (Principal Labour Court), Chennai in E.I.O.P.No.12 of 2004.

2. When the appeal was taken up for admission, Mr.S.Ravindran, learned Senior Counsel taking notice on behalf of the respondent, urging this Court to dismiss the appeal on the ground that the appellant has not raised any substantial question of law as mandated under Section 82 of the ESI Act, further pleaded that Section 82 makes it mandatory that no appeal shall lie against the order of the ESI Court, unless it involves a substantial question of law. Hence, this Court cannot proceed with the matter.

3. The substantial questions of law raised by the appellant in this appeal, read thus:

    “(a) Whether the ESI Court is correct in setting aside the order d

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