TRIPURA OBSERVER Vs. EMPLOYEES STATE INSURANCE CORPORATION

JUDGEMENT

(1.) Heard Mr. A Bhowmik, learned counsel appearing for the appellant. Also heard Mr. K.K. Pal, learned counsel appearing for the respondents.

(2.) This appeal arises out of the judgment and award dtd. 18/5/2020, passed by the Ld. District Judge, West Tripura, Agartala, in Civil Misc. (ESI) 07 of 2015.

(3.) On perusal of the judgment, I find the learned District Judge has held that the appeal was not maintainable besides other grounds of dismissal of the case. Learned District Judge came to a finding that the statute prescribes the deposit of 50% in filing application under Sec. 75(2)(B) of the Employees' State Insurance Act, 1948. This court in one of its judgment titled as Sri. Debananda Dam v. Employees' State Insurance Corporation and Ors. in case no. MFA 2 of 2019 has held that the said provision is mandatory since the appellant has not deposited 50% of the total amount of contribution as quantified by the State Insurance Corporation before the learned District Judge while filing an application under Sec. 75(2)(B) of the Insurance Act. This court without entering into the other factual and legal issues has held that since the suit itself was not maintainable, the appeal in consequence of such suit also is found to be not maintainable.