usj IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO.130 OF 2009 APPEAL NO.130 OF 2009 APPEAL NO.130 OF 2009 Regional Director, Employees’ State Insurance ..Appellant Vs. Deshbhakta Ratnappa Kumbhar Janata Central Co-op. Consumer Store Ltd. ..Respondent ...... Mr. P.M. Palshikar for the Appellants Mr. M.S. Topkar for the Respondents ...... CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 5TH FEBRUARY, 2009 : 5TH FEBRUARY, 2009 : 5TH FEBRUARY, 2009 P.C. P.C. P.C. 1. Admittedly, the respondent was not heard by the officer who has passed the order. As this amounts to breach of principle of natural justice, the learned Judge by the impugned order dated 9th April, 2007 has set it aside. 2. Considering this, I am inclined to entertain the appeal filed by the applicant as admitted based upon show-cause-notice given earlier, the matter was heard by the then officer but the order was passed by the present officer. Though it is a question of adequate personal hearing of the matter, yet ( 2 ) considering the principle of natural justice, without observing anything on merit of the matter, the portion of the impugned i.e. Clause 2 is set aside, which reads thus: "The order passed by the opponent under section 45-A of the ESI Act dated 1.12.1993 against the applicant covering the applicant under the provisions of the ESI Act is hereby set aside." 3. The matter is remanded back for rehearing. The present concerned Officer of the appellant will give a fresh hearing to the respondent and pass appropriate order in accordance with law preferably within a period of 8 weeks, all points are kept open. 3. The First Appeal is accordingly partly allowed. ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)