FAO No. 1766 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- FAO No. 1766 of 2009 (O&M) Date of decision: November 04, 2009 Sarabjit Kaur ........ Appellant Versus Employees State Insurance and others .....Respondent (s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Anil Kumar Garg, Advocate for the appellant Mr. Vikas Suri, Sr. Standing Counsel with Mr. Rajiv Kumar Saini, Advocate for the respondent-ESIC -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) C M No. 9311 CII of 2009 For the reasons recorded in the application, delay of 29 days in filing the appeal is condoned. C.M. stands disposed of accordingly. Appeal This is an appeal against the judgement and decree dated 24.10.2008 passed by the Additional Civil Judge (Senior Division) FAO No. 1766 of 2009 (O&M) 2 Malerkotla. Upon notice, learned counsel for the respondent-Corporation has filed reply by way of affidavit raising the preliminary objection that the present appeal is not maintainable in view of Section 82 (2) of the Employees' State Insurance Act, 1948, vide which an appeal lies to the High Court only against the order of the Employees' State Insurance Court and not against the judgement and decree passed by the civil Court. In view of the stand taken by the learned counsel for the respondent-Corporation, learned counsel for the appellant prays for withdrawal of the present appeal in order to enable him to file the same before the appropriate Court. In view of the statement made by learned counsel for the appellant, the present appeal is ordered to be dismissed as withdrawn with liberty as prayed for. (Nirmaljit Kaur) Judge November 04, 2009 mohan