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Supreme Court of India

EMPLOYEES STATE INSURANCE CORP vs M/S K.P.L. OIL MILLS (P) LTD on 8 February, 2010

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C.A. No.-003089-003090 - 2010Official PDFBench Harjit Singh Bedi, Jagdish Madhurlal PanchalAdvocates V. J. FRANCIS | M. P. VINOD
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

12th July, 2010.