SMT. SUSMITA BHOWMIK Vs. EMPLOYEES STATE INSURANCE CORPORATION AND ORS.
LAWS(CAL)-2018-5-130
HIGH COURT OF CALCUTTA
Decided on May 03,2018

Smt. Susmita Bhowmik Appellant
VERSUS
Employees State Insurance Corporation And Ors. Respondents

JUDGEMENT

- (1.) This appeal has been filed against an order dated December 5, 2017 passed by the Learned Single Judge in WP No. 586 of 2017, whereby the Learned Single Judge was pleased to dismiss the writ petition.
(2.) The writ petitioner was directed against an order passed by the Learned Judge of the Employees' State Insurance Court dated August 16, 2017.
(3.) The occasion for passing the order by the Learned Judge of the Employees' State Insurance Court was the consideration of an application for temporary injunction dated 3rd April, 2017 filed by the appellant herein. By the order dated August 16, 2017, the Learned Judge of the Employees' State Insurance Court was pleased to hold that the appellant should not get any order of injunction as the balance of convenience was not in favour of the appellant under Section 45 A (proviso) of the E.S.I. Act. The said Court also held that no order of contribution would be passed by the Corporation in respect of the period beyond five years from the date on which the contribution shall become payable and if at that stage injunction was granted, the Corporation would be debarred to claim contribution and the claim raised subsequently would be time barred and the employees for whose protection the E.S.I. Act had been promulgated, would be deprived of medical and other benefits.;


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