KNEURON Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) Heard the learned counsel appearing for the respective parties.

(2.) This appeal is filed challenging the order of dismissal of the application filed by the appellant before the ESI Court. The counsel for the appellant would vehemently contend that due to COVID-19, he could not appear before the Trial Court and the counsel also brought to notice of this Court to the reference made in the order sheet regarding SOP issued by the High Court and the matter was adjourned on 18/1/2022. The records discloses that case was posed for evidence of the applicant but no representation from the applicant on 19/2/2022, 17/3/2022, 12/4/2022, 19/5/2022 and 22/6/2022 and ultimately, on 22/6/2022, dismissed the application for non-prosecution. The counsel for the respondents submits that when the matter was dismissed i.e., on 22/6/2022, there is no COVID-19 SOP and COVID-19 SOP was only from March 2020 till August 2021.

(3.) Having perused the order sheet, it discloses that the respondents have filed the objections on 29/11/2021 and the issues were also framed on the same day and thereafter, the case was posed for evidence on applicant side but the applicant did not appear before the Court at any point of time and ultimately, dismissed the application on 22/6/2022. The reason assigned by the counsel for the appellant that due to COVID-19 restrictions, the appellant could not appear before the Court and same cannot be accepted unless the material is placed before the Court. Having perused the material on record, the matter is not decided on merits. Having taken into note of the said fact it discloses that the order dtd. 22/6/2022 requires to be set aside and the matter may be considered afresh by giving an opportunity to both the sides.