FOOD CORPORATION OF INDIA, REPRESENTED BY ITS AREA MANAGER, DISTRICT OFFICE, TATABAD, COIMBATORE Vs. EMPLOYEES STATE INSURANCE CORPORATION
LAWS(MAD)-2020-2-248
HIGH COURT OF MADRAS
Decided on February 26,2020

Food Corporation Of India, Represented By Its Area Manager, District Office, Tatabad, Coimbatore Appellant
VERSUS
EMPLOYEES STATE INSURANCE CORPORATION Respondents

JUDGEMENT

S.M. Subramaniam - (1.) The civil miscellaneous petition is filed to condone the long delay of 1563 days in filing the Civil Miscellaneous Appeal, challenging the order dated 04.07.2015 passed in E.S.I.O.P.No.10 of 2014.
(2.) The learned counsel appearing on behalf of the appellant made a submission that the order was passed admittedly on 04.07.2015. However, in a similar case, the Hon’ble Supreme Court of India passed an order on 19.11.2019 in SLP [Civil] Nos.7211-7213/19 [Civil Appeal No. 8841-8842 of 2019, the Hon'ble Supreme Court of India passed an order as extracted hereunder: 'It is further submitted that as is evident from the counter affidavit filed on behalf of the Food Corporation of India, various benefits are extended to the DPS workers and, therefore, if those very workers are bracketed and considered to be the contract labour/contract workers or casual workers, the benefits which are otherwise available to such work force may stand denied. We see force in the submission advanced by Mr. C.U. Singh. It is accepted that since 1991 wherever contract workers were to be regularized upon prohibition of contract labour system, such persons have been regularized in Direct Payment System. In the circumstances, we see no reason to take any different view in the matter. We, therefore, dismiss these appeals. No costs.'
(3.) In view of the Hon'ble Supreme Court of India order cited supra, the appellants are bound to prefer an appeal against the order of the ESI Court dated 04.07.2015 passed in O.S.No.10/2014. The learned counsel for the petitioner reiterated that the delay is to be condoned on account of the fact that the Hon'ble Supreme Court of India passed an order, excluding the benefit of ESI in respect of the directly paid employees engaged by the Food Corporation of India.;


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