Court No. - 59
Case :- WRIT - C No. - 42511 of 2019 Petitioner :- M/S Hotel The Galaxy And Ani Rest.
Respondent :- Additional Commissioner/Appellate Authority And Another Counsel for Petitioner :- Alok Kumar Srivastava Counsel for Respondent :- Rajesh Tewari Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the order dated 27.11.2019 passed by respondent no.1 acting as appellate authority under the Employees State Insurance Act, 1948. The appeal filed by the petitioner under Section 45-AA of the Act has been rejected as barred by time. It has been observed that the period prescribed for filing appeal is 60 days alongwith deposit of 25% of the amount assessed. Although the petitioner has deposited the amount assessed alongwith memo of appeal filed on 13.11.2019, but it being beyond time, the same could not be entertained.
Learned counsel for the petitioner submitted that the order impugned in appeal dated 5.9.2019 was served upon the petitioner on 13.9.2019. The appeal was filed on 13.11.2019 alongwith statutory deposit. The respondent-Corporation has already encashed the cheque deposited by the petitioner alongwith memo of appeal.
Counsel for the parties agree that the delay is only of one day. Counsel for the respondents also does not dispute that the cheque deposited by the petitioner alongwith the memo of appeal has already been encashed. He, therefore, states that the appeal will be decided on merits.
Accordingly, the impugned order dated 27.11.2019 is quashed. The matter is sent back to the appellate authority for deciding the appeal on merits in accordance with law.
The petition stands allowed to the extent indicated above.
(Manoj Kumar Gupta, J) Order Date :- 20.12.2019 SL