High Court Jharkhand High Court

M/S Dhanbad Cold Storage Pvt. vs The Employees State Insurance on 15 July, 2009

Jharkhand High Court
M/S Dhanbad Cold Storage Pvt. vs The Employees State Insurance on 15 July, 2009
                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Miscellaneous Appeal No. 30 of 2009.
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                M/S. Dhanbad Cold Storage
                Private Limited ...      ...     ...    ...      ...       ... Appellant

                                          Versus

                The Employees State Insurance
                Corporation through its Regional
                Director, Namkum, Ranchi and others ...        ...    ...      Respondents.

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                CORAM: HON'BLE MR. JUSTICE RAMESH KUMAR MERATHIA
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                For the Appellant  : M/s. Nepun Buxi, N.K. Pasari and Mrs. Niyati Sah,
                                          Advocate.
                For the Respondents: Mr. Rajan Raj, Advocate.
                                        ---

5. 15.7.2009

. I.A. No. 1310 of 2009:

This inter locutory application has been filed for condoning the delay
of 301 days in filing this appeal.

Heard.

On being satisfied with the grounds, the delay in filing this appeal is
condoned.

I.A. No. 1310 of 2009 stands disposed of.

Miscellaneous Appeal No. 30 of 2009:

When this appeal was taken up, Mr. Nepun Buxi, learned counsel
appearing for the appellant, fairly agreed that the appellant will deposit
fifty per cent of the amount as per the interim order dated 7.9.2007 but the
appellant may be permitted to deposit the same by way of fixed deposit as
has been done in some cases.

Heard.

In the facts and circumstances of the case, the order dated 1.2.2008
will stand set aside if the appellant deposits the amount indicated in the
order dated 7.9.2007 and file original fixed deposit receipt purchased in the
name of the appellant before the Presiding Officer, Labour Court-cum-
Authority under Employees State Insurance Act, Dhanbad within three
weeks from today. The appellant shall keep the said fixed deposit renewed
from time to time during the pendency of E.S.I. Case No. 3 of 2006 before
2.
the Labour Court-cum-Authority, Dhanbad. If this order is not complied
within time, this appeal shall automatically stand dismissed. The parties
will cooperate in early disposal of the case being E.S.I. Case No. 3 of 2006,
pending before the Labour Court-cum-Authority, Dhanbad.

With these observations and directions, this appeal is disposed of.

(R. K. Merathia, J)

AKS.Cp.2.