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IN THE LEARNED EMPLOYEES’ INSURANCE COURT,

WEST BENGAL, AT KOLKATA

Miscellaneous Case No. of 2011

ESI Case no. 96 of 1997

In the matter of
An application for restoration of ESI Case

no. 96 of 1997 being dismissed for Non-

prosecution by an order dated 10.02.2009;

And

In the matter of:

Academy of Fine Arts, a Society Registered

under Societies Registration Act, having

its Registered Office at 2, Cathedral Road,

Kolkata - 700071

…APPLICANT
-Versus-

The Employees’ State Insurance

Corporation, “Panchdeep Bhawan”, 5/1,

Grant Lane, Kolkata-700012

….. Opposite Party

The humble petition / Application on

behalf of the applicant abovenamed

Most Respectfully Sheweth:-

1. That the applicant has filed an application under Section 75 of the

Employees State Insurance Act, 1948 (hereinafter referred to as “the said

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Act”’) challenging, inter-alia, the coverage of the applicant under the

provisions of the said Act.

2. That the matter was taken up and was heard on several dates. The

Opposite Party, corporation has also filed their objection to the said

application.

3. That due to fault of Ex-Director, who was looking after the case, the

matter was once dismissed for non-prosecution on 28.05.2001.

4. Thereafter the applicants entrusted the said matter to Mr.D.Bagchi,

Advocate who filed a restoration application in the said matter and the

same was restored to its file by an order dated 29.11.04 by imposing cost

upon the applicants.

5. Thereafter the matter was conducted by the learned advocate on behalf

of the applicants.

6. All of a sudden the applicants came to know in the first week of

September 2011 that the said matter is dismissed has been dismissed.

On learning so the applicants tried to contact the learned Advocate who

was entrusted with the matter when they came to know that the learned

advocate conducting the matter has expired some 3-4 years back.

7. The applicants thereafter tried to enquire about the status of the matter

when they came to learn that the matter was dismissed for non

prosecution on 10.02.2009 as no one has appeared before the Learned

Court as the learned advocate has expired some 2 years before the said

date and the applicants, being a group of artists and absolute alien to

the legal world, after appointing the learned advocate were under

impression that everything is going fine and used to contact the learned

advocate as and when called for.

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8. Ultimately the applicants tried to collect the papers and documents

relating to the matter from different sources and after collecting the

papers and documents the applicants contacted the present learned

Advocate to take necessary steps in the matter and accordingly the

instant application is filed for restoring the matter to its original file.

9. That the applicant has challenged coverage and/or applicability of the

provisions of the ESI Act itself and as such, has a very good and full

proof case and has every chance to succeed in the matter.

10. It is stated that until and unless the said matter is restored to its original

file by recalling and/or setting aside the order dated 10.02.2009 by

accepting the reasons as shown hereinabove in the peculiar

circumstances of the present case, your applicant will suffer irreparable

loss and injury, which could not be compensated.

11. This application is bonafide and made for the ends of justice.

Under the facts and circumstances

as stated hereinabove Your Honour

may graciously be pleased to recall

and/or set aside the order dated

10.02.2009 and restore the matter

to its original file and to pass such

other / further order / orders as to

Your Honour may deem fit and

proper.

And for this act of kindness, your applicant, as in duty bound, shall ever pray.
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VERIFICATION

I, Jahar Dasgupta, son of Late Narendranath Dasgupta, aged about 69

years, having office address at 2, Cathedral Road, Kolkata - 700071, do hereby

verify and say that I am Vice President of the applicant society and am duly

authorised and competent to file this application on behalf of the applicant and

that the statements made in paragraphs 1 - 9 of the application are true to my

knowledge and derived from sources which I verily believe to be true and the

rest are my humble and respectful submissions before this Learned Court.

I sign this verification at my Advocate’s Chamber on this the ____day of

December, 2011.