E S I CORPORATION Vs. ARVIND MACHINE TOOLS

JUDGEMENT

(1.) The question for our consideration in this appeal is whether the Employees' Insurance Court has power to allow the amendment of a petition?

(2.) Messrs Arvind Machine Tools, Balanagar, Hyderabad, filed a petition before the Employees' Insurance Court, Hyderabad, under Section 75 of the Employees' State Insurance Act, 1948. That petition was registered. Subsequently, Messrs Arvind Machine Tools filed a Miscellaneous Petition to raise some additional grounds. That petition was opposed by the Employees' State Insurance Corporation, Hyderabad. The Employees' Insurance Court allowed that petition holding that the amendment was a procedural matter under Rule 47 of the Employees' State Insurance Courts Rules, 1958. Questioning that order, the Employees' State Insurance Corporation has filed this appeal.

(3.) It is submitted by the learned counsel for the appellant (Employees' State Insurance Corporation) that the Employees' Insurance Court is not a Civil Court but a domestic Tribunal, that it has no inherent powers to allow the amendment and there is no provision in the Employees' State Insurance Act, 1948, or in the Rules made thereunder empowering the Employees' Insurance Court to allow such an amendment. In this connection the learned counsel for the appellant also relied upon the decision of this Court in C.M.A No. 519/1976 dated 15th July, 1977,