-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. FIRST APPEAL NO. 1370/2008 Techno Engineering .versus. The Director, ESIC ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : FEBRUARY 4, 2009. Heard Shri S.S. Ghate, Advocate for appellant and Advocate Shri Maldhure, Advocate for respondents. The Appeal is under Section 82 of the Employees State Insurance Act, 1948. Perusal of impugned judgment shows that challenge before E.S.I. Court was restricted to damages under regulation 31[c] and after examining those arguments, E.S.I. Court has waived damages to the extent of 50%. Appeal filed by E.S.I. Corporation vide No.421/2008 has been admitted by this Court on question whether ESI Court can, contrary to the stipulation in the Act waive damages in such manner in case of a sick industry. -2- In present matter, no substantial question of law arise and the substantial question of law as shown from Synopsis pertains to Section 45-A challenge. Said order under Section 45A was never earlier challenged and was not the subject matter of appeal before the ESI Court. Present Appeal is therefore misconceived and the same is thus dismissed. No cost. JUDGE Rgd.