FAO No.930 of 1983 -1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.930 of 1983
Date of Decision: 16.1.2009
M/s Clutch Auto Pvt. Ltd. Faridabad
..Appellant.
Vs.
The Regional Director, Employees State Insurance Corporation,
Chandigarh.
..Respondent.
CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
Present: Mr.Nilesh Bhardwaj, Advocate for the appellant.
Mr.Vikas Suri, Advocate with
Mr.Rajiv Kumar Saini, Advocate for the respondent-ESIC.
RAKESH KUMAR JAIN, J.(Oral)
Mr.Vikas Suri, counsel for the respondent has very fairly
conceded that further delegation of powers under Section 85-B of the
Employees State Insurance, Act to the Regional Director by the Director
General has been declared to be illegal in view of decision of the Supreme
Court in Sahni Silk Mills (P) Ltd. and another Vs. Employees’ State
Insurance Corporation (1994) 5 SCC 346 and a decision of this Court in
FAO No.788 of 1984 titled as M/s Hada Steel Products Ltd. Vs.
Employees State Insurance Corporation.
After hearing the learned counsel for the parties and having
regard to the law laid down by the Supreme Court, the present appeal is
allowed. The impugned order dated 29.8.1983 is set aside. However, it shall
FAO No.930 of 1983 -2 –
be open to the Regional Director to issue fresh notices and recover damages
for the period in dispute if the same has not been recovered till date. In case,
the damages have already been recovered, then they will not be required to
be refunded.
(Rakesh Kumar Jain)
16.1.2009 Judge
Meenu