DEPUTY DIRECTOR Vs. PRESIDENCY SCHOOL

JUDGEMENT

(1.) This miscellaneous first appeal is filed challenging the impugned order dtd. 24/11/2018 passed in E.S.I.No.2/2016, wherein the Labour Court set aside the claim made by the appellant herein, in coming to the conclusion that Ex.A11 notice dtd. 10/8/2015 is illegal and against the principles of law and void ab-initio. Hence, they cannot claim the interest and damages.

(2.) Learned counsel for the appellant would submit that this Court also held in M.F.A.No.3637/2019 that Ex.A9 is valid and not bad in law and remanded the matter to the Trial Court to consider the matter afresh, by giving opportunity to both the parties. When this Court has held that Ex.A9 is valid and remanded the matter, this appeal arising out of the claim made in respect of interest for not making the contribution within time also requires to be remanded to the Trial Court for fresh consideration.

(3.) Having heard the learned counsel for the appellant, though the respondent is served, did not choose to engage any counsel and when this Court comes to the conclusion that Ex.A9 is valid and the matter requires to be considered by the Trial Court, in the case on hand also, issue involved is with regard to the claim of interest and the same also can be adjudicated by the Trial Court by giving an opportunity to both the appellant as well as the respondent. Hence, the order impugned requires to be set aside and the matter has to be remanded to the Trial Court for fresh consideration.