1 47 fa.415.11 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 415 OF 2011 Sharp Sealing Products. ... Appellant Versus Employees State Insurance Corporation and anr. ... Respondents ----- Mr. P.M.Bhagat for the Appellant. Mr. H.V.Mehta for Respondent No.1. ----- CORAM : A.S.OKA, J. DATE : 08 th August, 2011. P.C. 1 Apart from various other submissions, the learned counsel appearing for the Appellant submits that the specific case of the Appellant was that one Mrs.Jyostna P. Shah was drawing salary of more than Rs.1,500/- per month and that one Mrs. Bhanu K. Jadhav joined employment after 1 st March, 1990. He pointed out the coverage is considered after 1 st March, 1990. His submission is that these factual contentions which go to the root of the matter have not been dealt with by the trial Court. The learned counsel appearing for Respondent No.1 2 47 fa.415.11 submitted that while deciding the issue of applicability, the Respondents have not been taken into consideration the employment of said Mrs.Jyostna P. Shah. 2 Prima-facie, it appears to me that the learned counsel appearing for the Appellant is right when he submitted that factual contentions noted in paragraph No.10 of the judgment have not been properly dealt with. The learned counsel appearing for Respondent No. 1 submitted that instead of keeping the appeal pending of this Court, the same be remanded to the Employees' State Insurance Court with a direction to the Employees' State Insurance Court to consider the entire material afresh and record proper findings. 3 In view of the aforesaid submissions, I pass the following order: i. The impugned judgment and order dated 21 st December, 2010 passed by the learned Judge of the Employees' State Insurance Court is set aside and the Application (ESI) No. 16 of 2006 is restored to the file of the said Court ; 3 47 fa.415.11 ii. The trial Court will hear the parties and will decide the application afresh after taking into consideration the entire oral and documentary evidence on record ; iii. Hearing of the application is expedited ; vi. All the contentions of the parties on merits are kept open ; v. The appeal is partly allowed on above terms with no order as to costs ; and vi. The Civil Application No.764 of 2011 does not survive and the same is disposed of. [ A.S.OKA, J ]