EMPLOYEES STATE INSURANCE CORPORATION Vs. HARCHARANSINGH

JUDGEMENT

(1.) THIS is a miscellaneous first appeal under section 82 (2) of the Employees State Insurance Act, 1948, which, for brevity, would hereinafter be called the Act.

(2.) THE circumstances under which this appeal has been filed are these. On 26th November 1963, the Employees' State Insurance Corporation (appellant) had made to the Employees' State Insurance Court Jabalpur, an application under section 75 of the Act for recovery from the respondents, who were said to be employers, the contribution amounting to Rs. 567.74 which was payable by them under the provisions of the Act. THE case was fixed "for filing documents and framing issues" on 2nd September 1965. On that date, the appellant remained absent and the case was dismissed in default under rule 24 (3) of the Madhya Pradesh Employees' Insurance Courts Rules, 1983, framed under section 96 of the Act. THEreupon, on 26th September 1965, the Corporation applied under rule 24 (5) of these Rules for restoration of the application. It was, however, dismissed on 16th March 1966 on the ground that the Corporation had not shown that it was prevented by any sufficient cause from appearing on 2nd September 1965. This appeal is directed against that order.

(3.) RULE 24 reads as follows: