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HIGH COURT OF GUJARAT
MR. JUSTICE DEVAN M. DESAI, J
THE EMPLOYEES STATE INSURANCE CORPORATION – Appellant
Versus
M/S. JOHNSON CONTROLS- HITACHI AIR CONDITIONING INDIA LIMITED – Respondent
| Table of Content |
|---|
| 1. background of the case (Para 2 , 3) |
| 2. appellant's substantial questions of law (Para 4) |
| 3. proceedings initiated for recovery (Para 5) |
| 4. respondent's counterarguments (Para 6 , 7 , 8 , 9) |
| 5. discussion on jurisdiction and law (Para 10) |
| 6. court's reasoning on remand (Para 11) |
| 7. outcome of the appeal (Para 12) |
ORAL ORDER
1. Heard learned advocate Mr.A.V.Nair for the appellant and learned advocate Mr.Y.K.Gadhia for the respondent.
2. This is an Appeal under Section 82 of the Employees’ State Insurance Act, 1948 challenging the judgment and award dated 28.06.2022 passed by the Employees State Insurance Court, Ahmedabad (hereinafter referred to as ‘ESI Court’) in E.S.I. Application No.22 of 2019, whereby the ESI Court set aside the order passed below under Section 45A of the Employees’ State Insurance Act, 1923 (for short ‘the Act’) on 23.11.2018.
3. The brief facts leading to the present First Appeal are as under:-
3.1 The respondent is engaged in the business of manufacturing and selling and trading of ‘Hitachi’ brand of Air-conditioners, refrigerators, etc. and registered with the Employees State Insurance Corporation and is having Code No.3700017375000069.
3.2 Vide orde
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