EMPLOYEES STATE INSURANCE CORP. vs. M/S K.P.L. OIL MILLS (P) LTD.

Case Type: Civil Appeal

Date of Judgment: 08-02-2010

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 3089-3090 OF 2010 [arising out of SLP(C) Nos. 10717-10718 of 2008] EMPLOYEES STATE INSURANCE CORP. ..... APPELLANTS VERSUS M/S. K.P.L. OIL MILLS (P) LTD. & ANR. ..... RESPONDENT O R D E R Delay condoned. Leave granted. We have heard the learned counsel for the parties. It is agreed by the learned counsel that the Full Bench decision rendered by the Calcutta High Court in ESI Corporation v . Excel Glasses Ltd. reported in 2003(3) KLT 42 has been reversed by this Court in ESI Corpn. v. C.C. Santhakumar 2007 (1) SCC 584. As the judgment of the High Court has proceeded only on the basis of the Full Bench decision and has not gone into the other issues raised in the writ petition, we remit the matters to the High court on the other issues that may arise. The appeals stand disposed of. Parties shall appear before the High Court on th 12 July, 2010. ..................J [HARJIT SINGH BEDI] NEW DELHI ..................J FEBRUARY 08, 2010. [J.M. PANCHAL]