Calcutta High Court
Hindustan Steelworks Construction ... vs Employees State Insurance Corporation ... on 26 August, 2019
Author: Shekhar B. Saraf
Bench: Shekhar B. Saraf
OD-4
ORDER SHEET
WP 360 OF 2019
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
HINDUSTAN STEELWORKS CONSTRUCTION LIMITED
Versus
EMPLOYEES STATE INSURANCE CORPORATION &ORS.
BEFORE:
The Hon'ble JUSTICE SHEKHAR B. SARAF
Date : 26th August, 2019.
Appearance:
Mr. S. Majumdar, Adv.
Mr. A. Pandey, Adv.
Ms. A Upadhyay, Adv.
...for the petitioner
Mr. Shiv Chandra Prasad, Adv.
..for ESI Corporation
The Court : This is an application under Article 226 of the Constitution of
India wherein the writ petitioner is challenging orders dated 13th June, 2019 and
communication dated 3rd July, 2019 under the Employees' State Insurance Act,
1948.
The case of the petitioner is that the order under Section 45A of the
Employees' State Insurance Act, 1948 was not served on it. Mr. Soumya
Majumder, counsel appearing on behalf of the petitioner submits that apart from
not being served with the order, the order dated 6th February, 2019 under
2
Section 45A was passed ex parte. He submits that the order dated 6th February,
2019 should be quashed and set aside and his client should be allowed to
participate in the proceeding so that his client can show that the Employees'
State Insurance Act, 1948 is not applicable to the extent as provided in the
impugned order.
I have heard learned Counsel on behalf of both the parties and perused the
materials on record.
In my view, this writ petition can be disposed of by setting aside the order
dated 6th February, 2019 with the direction on the authorities to grant an
opportunity of hearing to the petitioner on the following terms:
(a) The petitioner shall deposit a sum of Rs.10,00,000/- with the Regional
Director to the Employees' State Insurance Corporation within a period
of 15 days from date.
(b) Upon such payment being made, the order dated 6th February, 2019
shall be treated as null and void. Furthermore, order dated 13th June,
2019 and communication dated 3rd July, 2019 shall also be treated as
quashed and set aside.
(c) The authorities shall grant an opportunity of hearing to the petitioner
and thereafter pass a reasoned order. The petitioner shall be at liberty
to provide relevant documents in proof of their contentions. The entire
process of adjudication should be completed within a period of three
months from date of issue of notice by the respondent authorities to the
petitioner.
3With the above direction this writ petition is disposed of. There shall be no order as to costs.
Since, no affidavit in opposition have been called for, the allegations made in the writ petition are not to be deemed admitted by the respondent.
Urgent photostat copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
Needless to mention the respondent authorities shall not take any coercive step against the petitioner for a period of 15 days from date.
(SHEKHAR B. SARAF, J.) Sbghosh