E S I C Vs. CHAMEX INDUSTRIES

JUDGEMENT

(1.) HEARD learned advocate Mr. Sachin D. Vasavada for the appellant and learned advocate Mr. Deepak Dave for the respondent.

(2.) THE present appeal is directed against the judgement and order passed by the ESI Court dated 9th May, 2006 in ESI Application No. 26/2006 by which the learned ESI Judge allowed the application preferred by the respondent. Being aggrieved by the aforesaid order, the Insurance Corporation has preferred the present appeal.

(3.) LEARNED advocate Mr. Sachin D. Vasavada for the appellant has submitted that the judgement and order passed by the ESI Court is arbitrary, unreasonable and unjustified and, therefore, it requires to be quashed and set aside. The order passed by the learned Judge is contrary to the evidence on record of the case and, therefore, the same is perverse and deserves to be set aside. The ESI Court, while considering the evidence on record, has committed apparent error of law on the basis of the record while allowing the application of the respondent and, therefore, the same requires to be set aside.