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SANGAM GAS SERVICE STATION versus THE REGIONAL DIRECTOR,EMPLOYEES STATE INSURANCE CORP AND ORS

High Court of Judicature at Allahabad

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Sangam Gas Service Station v. The Regional Director,Employees State Insurance Corp And Ors - WRIT - C No. 26288 of 2007 [2007] RD-AH 10379 (4 June 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. SHISHIR KUMAR, J

Heard counsel for the petitioner  and Sri P.K.Pandey appearing for the respondents.  By consent of parties the writ petition is being finally disposed of.

The writ petition has been filed for quashing the order dated 10/15.11.2006.

By order dated 10/15.11.2006, the respondent took a decision that the petitioner is covered by the provisions of Employees Insurance Act, 1948.  Petitioner's case is that petitioner has appeared before the authorities and has submitted detailed representation that the petitioner is not covered. The petitioner has stated that he has already filed an affidavit which was not taken into consideration.  After passing of the order petitioner submitted an application dated 29.3.2007 to the Assistant Director praying that one more opportunity be given to him to produce all relevant documents.  

I have considered the submissions of counsel for the petitioner and perused the record.

In view of the fact that the petitioner prayed for an opportunity to produce the relevant documents but an adverse inference was drawn by the Assistant Director on not producing the entire documents, ends of justice be served in giving one more opportunity to the petitioner before the Assistant Director to place all the relevant documents.

In the facts of the present case the writ petition is disposed of directing the Assistant Director to take appropriate decision on the application dated 29.3.2007 by giving an opportunity to the petitioner to produce all relevant documents.  It will be open for the Assistant Director to take afresh decision after considering the documents.  It is, however, made clear that this Court is not expressing any opinion on the merits of the claim.

With the above observations the writ petition is disposed of.  The  petitioner's counsel undertakes that all relevant materials and documents shall be produced before the respondent No.2 within one month from today.  The Assistant Director shall take decision expeditiously preferably within one month from the date of production of a certified copy of this order.

4.6.2007

SKD

W.P. No.26288  of 2007


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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