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R. VIJAYAKUMAR
Employees State Insurance Corporation Represented by its Deputy Director Tirunelveli – Appellant
Versus
Sree Visalam Chit Fund Ltd. , Represented by its Director A. R. Umapathy Tirunelveli – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 82(2) of the ESI Act, 1948, to set aside the decree and judgment of ESI Court (Labour Court) Tirunelveli passed in E.S.I.O.P.No.28 of 2014 dated 08.09.2015 and allow the Civil Miscellaneous Appeal.)
1. The above appeal has been filed by the E.S.I Corporation challenging the order of E.S.I.Court reversing the order passed by the E.S.I.Corporation under Section 45-A of the Act on 21.08.2012.
Factual Matrix
2. The respondents is a Chit Fund Company and they are originally covered under E.S.I Act with effect from 16.01.1977. The coverage order was challenged by the said establishment by filing W.P.No.6380 of 1980 before the Madras High Court and the same was dismissed on 06.04.1987. The establishment had filed S.L.P.No.12697 of 1987 and the same was dismissed as withdrawn on 14.10.1993. Therefore, the coverage of the establishment had become final.
3. The Tuticorin Branch of the respondent establishment was allotted a different code number and the said branch challenged the same in E.S.I.O.P.No.10 of 2005 before the E.S.I Court, Tirunelveli and the same was dismissed on 01.07.2011. As against the said order, the establishment
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