West Bengal

Birbhum

MA/53/2023

Md. Ilius - Complainant(s)

Versus

Employees, State Ins. Corporation,Addl. Commisssioner cum Regional Director, West Bengal, ESI - Opp.Party(s)

07 Dec 2023

ORDER

Shri Sudip Majumder- President-in-Charge.

            Today is fixed for passing order in respect of the petition filed by O.P. members dated 03/06/2022. Both the parties are present. Already heard Ld. Advocates for the both sides.

            One petition has been filed by the OP members. The same has been registered as M.A. Case being No. 53/2023. Record is now taken up for passing order.

            Perused the petition. Considered. From the content of the petition it appears that the OP members intend to state that in the complaint filed by the complainant no cause of action exists in the complaint before the prayer portion. Thus, the OP members pray for passing necessary order against their petition.

            Ld. Advocate for the complainant is present and filed his W/O with copy. Copy served. Ld. Advocate for the complainant submitted that the cause of action is nothing but bundle of facts. He also submitted that the complainant already written in Para 10 of his complaint that the cause of action of this case arose on and from 28/05/2021 when the complainant was discharged from the hospital. Thus, Ld. Advocate for the complainant prays for rejecting the application filed by the OP for non-maintainability ground with cost.

            In the instant case, this Commission is of view that the complainant already mentioned in Para 10 of his complaint that the cause of action of this case arose on and from 28/05/2021 when the complainant was discharged from the hospital. Hence, the complaint was filed by the complainant is maintainable before this Commission. Accordingly, the petition filed by the OP members dated 03/06/2022 is not fit and proper. Hence, the petition filed by the OP members is hereby rejected.

            Thus the M.A. Case being No. 53/2023 is disposed of.

            Fix. 09/01/2024 for filing evidence-in-chief by the complainant.

Copy of this order be supplied to the parties each at free of cost.