THE ASSISTANT DIRECTOR Vs. THE PROPRIETOR

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 26th October, 1999 passed by the Employees Insurance Court, Aurangabad in Application (ESI) No.9 of 1998, the original Respondent/Assistant Director, Employees State Insurance Corporation has preferred this appeal.

(2.) Brief facts giving rise to the present appeal are as follows:

(3.) I have heard the learned counsel for parties at length. However, this Court has allowed Civil Application No.10907 of 2016 in terms of prayer clause (A) and accordingly permitted the Applicant/Appellant herein for production of additional evidence i.e. inspection report of inspection conducted by E.S.I. Inspector and other record and correspondence, as per the list, in terms of the provisions of Order XLI, Rule 27 (1) (b) of the Code of Civil Procedure. It appears that the xerox copies of those documents are placed on record. It is thus, necessary for the Appellant/Corporation to produce the original documents before the Court below and to prove those documents in accordance with law. In view of the above, the matter needs to be remanded to the Employees Insurance Court with certain directions. Hence, the following order: