REX BAKERY Vs. EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) Heard advocates appearing for the parties. Appeal is admitted on the following substantial question of law:

(2.) By the impugned judgment and order, an application made by the appellant under section 75 of the said Act of 1948 for challenging an order passed on 02nd March, 1989 by the respondent under section 45-A of the said Act of 1948 has been rejected by the learned Judge of the ESI Court.

(3.) One of the submissions made before the learned trial Judge was that the appellant was not given an opportunity of being heard before passing an order under section 45-A. While dealing with the said submission, in paragraph No.19 of the impugned judgment, the learned trial Judge has observed thus: