ESIC Vs. MALIK SWEET HOUSE

JUDGEMENT

(1.) This is an appeal filed by the appellant under Section 82 of the ESI Act, 1948 against the order dated 17.9.2011 passed by Sh.Ajay Goel, Sr. Civil Judge, dismissing the demand raised by the appellant against the respondent.

(2.) The present appeal has been filed along with an application bearing CM No.4114/2013 seeking condonation of 456 days delay in refilling the appeal.

(3.) I have heard the learned counsel for the appellant. The learned counsel has contended that the appeal though was filed in time, however, on account of objections, the same was collected and thereafter, the file was got misplaced in shifting of the department of the appellant and was untraceable and the moment the file was traced, it was re-filed and therefore, the delay of 456 days has been occasioned. Accordingly, it is prayed that the delay of 456 days may be condoned.