IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 3089-3090   OF 2010 [arising out of SLP(C) Nos. 10717-10718 of 2008]

EMPLOYEES STATE INSURANCE CORP. ..... APPELLANTS

VERSUS

M/S. K.P.L. OIL MILLS (P) LTD. & ANR. ..... RESPONDENT

O R D E R      Delay condoned.

Leave granted.

We  have  heard  the  learned  counsel  for  the  

parties.   

It is agreed by the learned counsel that the  

Full Bench decision rendered by the Calcutta High Court  

in  ESI Corporation v.  Excel Glasses Ltd. reported in  

2003(3) KLT 42 has been reversed by this Court in ESI  

Corpn. v.  C.C. Santhakumar 2007 (1) SCC 584.  As the  

judgment of the High Court has proceeded only on the  

basis of the Full Bench decision and has not gone into  

the other issues raised in the writ petition, we remit  

the matters to the High court on the other issues that  

may arise.

The appeals stand disposed of.

Parties shall appear before the High Court on  

12th July, 2010.  

    ..................J      [HARJIT SINGH BEDI]

NEW DELHI      ..................J FEBRUARY 08, 2010.      [J.M. PANCHAL]