EMPLOYEES STATE INSURANCE CORPORATION & ANOTHER Vs. SARASWATI HEART CARE HOSPITAL & RESEARCH & 2 OTHER

JUDGEMENT

(1.) For the reasons stated in affidavit filed in support of delay condonation, as the same constitutes sufficient cause for condoning the delay in filing special appeal, the Delay Condonation Application is allowed. Special Appeal is treated to have been filed well within time.

(2.) Employees State Insurance Corporation (hereinafter referred to as the 'Corporation') through its Regional Director and Deputy Director, respondent nos. 2 and 3 in the writ petition, is before this Court assailing the validity of the order dated 22.1.2016 passed by the learned Single Judge of this Court in bunch of writ petitions being leading one Writ-C No. 23731 of 2007 (M/s. Sarswati Heart Care Hospital & Research Centre & another Vs. State of U.P. & others) wherein learned Single Judge has made a declaration that demand made and proceedings initiated by the Corporation against the petitioners prior to 23.5.2013 is wholly without jurisdiction and without authority of law and, therefore, it cannot be sustained.

(3.) Brief background of the case is that petitioner opposite party no. 1 Sarswati Heart Care Hospital & Research Centre Private Limited is a company incorporated under the Companies Act, 1956 and Smt. Vandana Agrawal is the Director of said hospital. It is a nursing home for the heart patients. Patients with various heart ailments are admitted to the said nursing home and receive treatment for the same. The Deputy Director of the Corporation issued a communication informing the petitioner opposite party that the establishment in question is covered under the provisions of Employees State Insurance Act, 1948 ( hereinafter referred to as '1948 Act') by virtue of Section 2 (12) of 1948 Act on 14.8.2016.