ESI CORPORATION Vs. JAYAVILAS MEALS HOTEL

JUDGEMENT

(1.) The Civil Miscellaneous Appeal in C.M.A(MD)No.1451 of 2012 has been filed praying to set aside the order, dated 30.08.2012, passed by the ESI Court (Labour Court), Madurai, in E.S.I.O.P.No.17 of 2001.

(2.) The Civil Miscellaneous Appeal C.M.A(MD)No.1767 of 2013 has been filed under Section 82 of ESI Act, 1948, praying to set aside the order, dated 30.08.2012 of the Employees State Insurance Court (Labour Court), Madurai, passed in E.S.I. O.P.No.17 of 2001.

(3.) The appellant and the respondent in CMA(MD)No.1451 of 2012 are arrayed as respondent / petitioner respectively in E.S.I.O.P.No.17 of 2001, on the file of the ESI Court (Labour Court) Madurai. The Employer / Petitioner in E.S.I.O.P.No.17 of 2001 also filed CMA(MD)No.1767 of 2013. Both the Civil Miscellaneous Appeals are filed before this Court challenging the order, dated 30.08.2012, passed by the ESI Court (Labour Court), Madurai, in E.S.I.O.P.No.17 of 2001, which allowed the petition, setting aside the notice of the Employees State Insurance Corporation, (in short ESIC), dated 30.01.2000, issued under Section 45(A) of the ESI Act, 1948 and also remitted the case back to the ESIC for fresh disposal according to law, after issuing notice to the employer and affording reasonable opportunity to file representations and documents and after hearing the employer, within a period of three months from the date of receipt of a copy of that order.