Employees
State Insurance Court, Coimbatore in ESIOP.No.54 of 2019 and
quash its order dated 09.09.2019 and consequentially, direct the
Employees State Insurance Court ... COMMONORDER
The orders dated 12.09.2019 and 09.09.2019 passed by
the Employees State Insurance Court, Coimbatore are sought to be
quashed in the present writ petitions
Employees State Insurance Corporation
(ESIC), on the other hand, is a statutory authority established by
Section 3 of Employees State Insurance Act, 1948 (ESI ... Rule 50
of the Employees' State Insurance (Central) Rules, 1950;
and
c) Declare that the ESI Act, 1948 is not applicable
Petitioner
..Vs..
The Assistant/Deputy Director,
Sub Regional Office (Salem),
Employees' State Insurance Corporation,
39/57, Theerthamalal Vaniga Valagam,
Three Roads, Salem ... judis.nic.in
W.P.No.18020 of 2014
Nadu), Employees' State Insurance Corporation in
W.P.No.18688/1993 dated 11.04.2004, wherein
Employees' State Insurance Corporation,
purportedly under Section 45A of the Employees' State Insurance Act, 1948
(hereinafter referred to as "the ESI ... employees' unions, although referring to various other legal provisions
and statutes for the benefit of the employees, mentioned the ESI
section (9) of Section 2 of the
Employees' State Insurance Act, 1948 ('the ESI Act ')?
Signature Not Verified
Digitally signed ... that was considered and decided by the Employees State
Insurance Court at Indore ('the ESI Court') by its order dated
Anuparpalayam Post,
Tiruppur, Tiruppur District. .. Petitioner
-vs-
1.The Deputy Director,
Employees State Insurance Corporation,
1897, Trichy Road,
Ramanathapuram,
Coimbatore-614 045.
2.The Recovery ... Section 45-A of the Employees' State
Insurance Act, 1948 (hereinafter referred to as “the ESI Act ”), by the
1st respondent
Deputy Regional Director, Employees
State Insurance Corporation, Sub
Regional Office, Panchdeep Bhavan,
Ganeshpeth, Nagpur.
2) Recovery Officer, Employees State
Insurance Corporation, Sub-Regional
Office, Panchdeep ... under the provisions
of the Employees' State Insurance Act, 1948 (hereinafter referred
to as " ESI Act "), whereby the establishment
Sterling Road,
Chennai – 600 034
2.The Recovery Officer,
Regional Office,
Employees State Insurance Corporation
Panchdeep Bhawa, 143, Sterling Road,
Chennai – 600 034 ..Respondents
Prayer ... ORDER
The order impugned issued under Section 45A of the Employees
State Insurance Act dated 01.09.2017 and the consequential recovery
order dated 17.05.2019 are under
Employees' State Insurance Act, 1948, to set aside the order and
decree of the Employees' State Insurance Court (Labour Court),
Coimbatore dated ... Regional Director, Employees State insurance Corporation,
(2015) 7 SCC 690, referred to supra makes it clear that the ESI
Courts have no jurisdiction
under Section 83 of the
Employees' State Insurance Act against the judgment and decree of
the Employees State Insurance Court (Principal Labour Court),
Chennai ... preferred under Section 82 of the
Employees' State Insurance Act, 1948 against the order of the
Employees State Insurance Court (Principal Labour Court), Chennai
