M/S Usha Agro Industries Pvt.L vs The State Of Bihar &Amp; Ors on 21 April, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.3031 of 2010
                         M/S USHA AGRO INDUSTRIES PVT.L
                                         Versus
                             THE STATE OF BIHAR & ORS
                                       -----------

6. 21.04.2011 An undisputed fact emerging from the records is

that the petitioner was registered with the E.S.I.C. in 1992

but with effect from 1.1.1991 and statutory payment made

on 1.4.1991 onwards from a date prior to the accident

injuring respondent no. 3, on 1.8.1991.

The very short question for consideration is that

can the Corporation repudiate liability taking shelter of the

coverage granted in 1992 ignoring the retrospective effect

given to the coverage while retaining the benefit of

statutory payments made to it by the petitioner with

retrospective effect including the coverage of respondent

no. 3.

At this stage counsel for the E.S.I.C. prays for

adjournment.

As prayed for, list after two months at the same

position.

P. Kumar                                           ( Navin Sinha, J.)