IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.201 of 2008 M/S SOBHRAJ FAST FOOD Versus REGIONAL DIRECTOR,E.S.I.CORPORATION &ORS With MA No. 382 of 2008 REGIONAL DIRECTOR,E.S.I.CORPORATION & ANR Versus M/S SHOBRAJ FAST FOOD & ANR ------- 8 30/4/2009 Heard counsel for the parties. Both these appeals arise out of a common order dated 6.2.2008 passed in E.S.I.Case No. 7 of 2007 and are being disposed of by this common consent order in the following terms:- a)Counsel for the appellant-employer, M/S Shobhraj Fast Food agrees and undertakes that the appellant-employer would not question the applicability of Employees State Insurance Act (hereinafter referred to as the ‘Act’) as with regard to two concerns, namely, M/S Sobhraj Fast Food and M/S Sobhraj Cattering as it had stood assessed in terms of the Act for the year April, 1997 to March, 2000. b)Mr. K.N.Gupta, learned Senior Counsel also agrees and undertakes that the amount under demand for the aforementioned period, April, 1997 to March, 2000, having been affirmed by this Court in the order dated 25.7.2007 in M.A. No. 205 of 2003 no issue will also be raised by M/S Shobhraj Fast Food as with regard to quantum for the aforementioned period. Mr. Gupta, however, would submit that as the records of two concern have not been taken into account for fixing the liability of the appellant for the period April, 2000 to September, 2007, the 2 authorities under the Act being duty bound may look into this aspect afresh and pass order of assessment after looking into the relevant records of the two concern. C)Mr. T.N.Maitin, learned Senior counsel appearing on behalf of the Employees State Insurance Corporation has no objection to the aforesaid submission of Mr. Gupta and he would submit that if the appellant concerned produces its record within a period of two months from today, assessment proceedings after looking into the records will be completed in the next one month so as to bring finality to the earlier portion of demand and make the demand up-to-date. In that view of the matter, this Court must hold that continuance of E.S.I. Case No. 7 of 2007 will no longer be required and therefore the appeal filed by the Employees State Insurance Corporation, i.e, M.A. No. 382 of 2008 is allowed whereas the M.A. No. 201 of 2008 is disposed of with a direction to pass a fresh order of assessment for the period April 2006 to September, 2007 within a period of three months from the date of receipt and/or production of a copy of this order. It is made clear that the question of applicability of the Act, however, stands closed for once and ever in view of finality given to the said issue after dismissal of M.A. No. 205 of 2003. With the aforesaid observations and directions both the appeals stand disposed of. Abhay Kumar (Mihir Kumar Jha, J.)