2025:JHHC:10303 --1-- M.A. No. 30 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI M.A. No. 30 of 2025 ---- M/s Mandal Construction represented through its authorized signatory Sri Achinta Kumar Mandal, son of Late Satyaban Mandal, aged about 56 years, resident of 205, Kanchan Road, Pramatha Nagar, PS – Parsudih, PO – Tata Nagar, District – East Singhbhum at Jamshedpur .... Appellant -- Versus -- 1. The Deputy Director, Authorized Officer, Employees State Insurance Corporation, Namkum, PO and PS – Namkum, District – Ranchi 2. The Recovery Officer, Employees State Insurance Corporation, Namkum, PO and PS – Namkum, District - Ranchi .... Respondents ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Appellant :- Mr. Yogendra Prasad, Advocate For Respondents :- Mr. Ashutosh Anand, Advocate ---- 03/02.04.2025 I.A. No.13571 of 2024 has been filed for condoning the delay of 12 days in filing of the appeal. 2. Learned counsel appearing for the appellant submits that in preparation of filing of the appeal the said delay has occurred. 3. Learned counsel appearing for the respondent - Employees State Insurance Corporation opposes the prayer. 4. The Court finds that sufficient cause is made out for condoning the delay of 12 days, as such the delay of 12 days is hereby condoned. 2025:JHHC:10303 --2-- M.A. No. 30 of 2025 5. I.A. allowed and disposed of. 6. Learned counsel appearing for the appellant submits that there is law point in deciding of the present appeal and in view of that the appeal has been preferred under Section 82(2) of the Employees State Insurance Company Act, 1948. He submits that the learned Court has not given any reason of coming to the conclusion and straightaway direction has been issued and that is a law point to admit this appeal. 7. Learned counsel appearing for the insurance company submits that the learned Court has dealt with all aspects of the matter and thereafter passed the said order and there is no illegality in the order. 8. The Court has minutely perused the order dated 20.09.2024 and finds that the learned Court from page 1 to page 15 up to paragraph No.19 has only stated the case of both the sides and sections of the ESI and in paragraph No.20 has given the finding that the amount has not been deposited in view of that the application was dismissed. There is no reason of coming to that finding and only one paragraph it has been rejected and in view of that that is a perverse order, as such the order dated 20.09.2024 passed in ESI Case No.27 of 2018 by learned Presiding Officer, Labour Court-cum-Employees Insurance Court, Jamshedpur is hereby set aside. 9. The matter is remitted back to the learned Presiding Officer, 2025:JHHC:10303 --3-- M.A. No. 30 of 2025 Labour Court-cum-Employees Insurance Court, Jamshedpur to decide the same afresh in accordance with law. 10. The appellant and the respondent - ESIC will remain present before the learned Court on 22nd April, 2025 and the learned Court will proceed further in accordance with law. 11. In view of the above fact that the main order has been set aside, as such the order dated 19.02.2025 which is prohibitory order brought on the record by way of filing I.A. No.3344 of 2025 shall not be given effect up to 15 days from today and the appellant will file proper petition before the learned Labour Court to stay the prohibitory order. 12. I.A. No.3344 of 2025 is disposed of. (Sanjay Kumar Dwivedi, J.) Sangam/