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2006 Supreme(Guj) 759

P.B.MAJMUDAR
E. S. I. C. – Appellant
Versus
VASANTBHAI BHUDARBHAI PARMAR – Respondent


Advocates Appeared: Sachin D.Vasavada

P. B. MAJMUDAR, J.

( 1 ) THIS appeal is filed by Employees state Insurance Corporation under section 82 of the Employees State Insurance Act, 1948 [hereinafter referred to as the ESI Act.

( 2 ) AN appeal under section 82 of the esi Act would be maintainable only when there is a substantial question of law. However, looking to the scheme of the Act, it is not necessary that substantial question of law is required to be framed by the Judge like second appeal under the provisions of civil Procedure Code. Section 82 of the ESI Act reads as under:

"82. Appeal. (1 ). Save as expressly provided in this section, no appeal shall lie from an order of an Employees Insurance Court. (2 ). An appeal shall lie to the High court from an order of an Employees insurance Court if it involved a substantial question of law. (3 ). The period of limitation for an appeal under this section shall be sixty days. (4 ). The provisions of section 5 and 12 of the Limitation Act 1963 (36 of 1963)shall apply to appeals under this section. "

So far as section 100 of the Civil procedure Code is concerned, the same reads as under:

"100. Second Appeal. (1 ). Save as otherwise expressly provided in the body of this Cod



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