E S I Vs. NUBORD MANUFACTURING

JUDGEMENT

(1.) Heard Sri Rajesh Tiwari, learned counsel for appellant. None appeared on behalf of respondent, though service was twice effected and Shri Pankaj Sharma-Advocate has filed Vakalatnama on behalf of respondent in the year 2008, he has absented himself.

(2.) This First Appeal From Order has been filed under section 82 of Employees' State Insurance Act, 1948 (hereinafter referred to 'Act, 1948') by appellant , being aggrieved by order dated 24.4.1992 passed by Civil Judge, Rampur in Miscellaneous Case No. 85 of 1989.

(3.) The Employees' State Insurance Corporation Ltd. has felt aggrieved by the judgment of the learned Civil Judge , Rampur in Application dated 85 of 1989 and 25 of 1989 decided by common judgment in calculating the period for filing the appeal , the status report held that appeal was time barred. Notice was issued to the sole respondent and in the year 2008 learned Adovcate Sri Pankaj Sharma filed his Vakalatnama. Unfortunately a fresh notice also came to be issued to the respondents who were again served with the copy of the application as the application was transferred to District Judge. The District Judge resent the matter as it is congnizable by the High Court as per the Statute. After 25 years also, Sri Pankaj Sharma did not appear on 112.2017, 20.12.2017 and on 29.1.2018 the appeal is, therefore, taken up for hearing. The delay which is very minimal is condoned.