FOOD CORPORATION OF INDIA, REPRESENTED BY ITS AREA MANAGER, DISTRICT OFFICE, TATABAD, COIMBATORE Vs. EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) The civil miscellaneous petition is filed to condone the long delay of 1563 days in filing the Civil Miscellaneous Appeal, challenging the order dated 04.07.2015 passed in E.S.I.O.P.No.10 of 2014.

(2.) The learned counsel appearing on behalf of the appellant made a submission that the order was passed admittedly on 04.07.2015. However, in a similar case, the Hon’ble Supreme Court of India passed an order on 19.11.2019 in SLP [Civil] Nos.7211-7213/19 [Civil Appeal No. 8841-8842 of 2019, the Hon'ble Supreme Court of India passed an order as extracted hereunder:

(3.) In view of the Hon'ble Supreme Court of India order cited supra, the appellants are bound to prefer an appeal against the order of the ESI Court dated 04.07.2015 passed in O.S.No.10/2014. The learned counsel for the petitioner reiterated that the delay is to be condoned on account of the fact that the Hon'ble Supreme Court of India passed an order, excluding the benefit of ESI in respect of the directly paid employees engaged by the Food Corporation of India.