RATTAN SILK MILLS Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) BY this application made under Order XXXXVII Rule 1 of the Code of Civil Procedure, the petitioner (Original Appellant) seeks review of the judgment and Order dated 29th July, 1994 passed by this Court in First Appeal No.461 of 1982.

(2.) BY its Order dated 27th January, 1982, the Employees' Insurance Court, Bombay dismissed the Application No.68 of 1974, preferred by M/s. Rattan Silk Mills. BY its Order dated 29th July, 1994, the High Court dismissed First Appeal No.461 of 1982. The said appeal was preferred by the Review Petitioner under Section 82(2) of the Employees State Insurance Act 1948. Section 82(2) of the Act enables a party aggrieved by the decision of the Employees' Insurance Court to prefer an appeal to the High Court only if the impugned Order involves a substantial question of law.

(3.) THE petitioner has sought review of the Judgment and Order dated 29th July, 1994, passed in First Appeal No.461 of 1982, on the ground that the said Judgment suffers from an error of fact and error of law apparent on the face of the record as Modern Textiles and Rayon Silk Mills Pvt. Ltd. was not even in existence as a corporate entity on 3rd March 1959, and as the said Company were incorporated only on 26th June, 1962. THE application is seriously opposed on behalf of the Respondent on various grounds. One Shri A.C.Shah was the main partner of M/s. Modern Textile Mills, the partnership firm. THE said Mr. Shah was also the Managing Director of M/s.Modern Textiles and Rayon Silk Mills Pvt. Ltd. Mrs.Rekha Shah, the daughter of the said Shri A.C.Shah was Sole proprietoress of M/s. Rattan Silk Mills.