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2023 Supreme(Mad) 1829

R. VIJAYAKUMAR
Employee`s State Insurance Corporation, Represented By its Deputy Director – Appellant
Versus
Bannari Amman Spinning Mills, Represented by its General Manager, Dindigul – Respondent


Advocates appeared:
For the Appellant:P. Ganapathisamy, Advocate. For the Respondent:K. Hemakarthikeyan, Advocate.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 82 of the E.S.I Act, to set aside the order, dated 11.10.2019 passed by the E.S.I Court (i.e.Labour Court), Madurai in E.S.I.O.P.No.65 of 2011, permit the appellant to charge interest, as claimed in the communication, dated 18.07.2011 as permissible under law and allow this Civil Miscellaneous Appeal with necessary directions in favour of the appellant.)

1. The present appeal has been filed by the E.S.I corporation challenging the order of the Labour Court, Madurai in E.S.I.O.P.No.65 of 2011.

2. According to the learned counsel appearing for the appellant, the coverage of the E.S.I Act was extended to the respondent employer with effect from 01.08.2000. However, the said coverage was challenged by the employer by filing various proceedings. Ultimately, the writ petition came to be dismissed on 03.10.2007. After the dismissal of the writ petition, the employer had filed M.P.No.1 of 2008 in W.P.No.26368 of 2007 seeking clarification to the effect that the order of the dismissal of the writ petition will have only prospective effect and therefore, the employer will be under a statutory obligation to deposit the contribut

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