Madras High Court
M/S.St.Thomas Matriculation Higher ... vs The Esi Corporation on 13 July, 2021
Author: S.Vaidyanathan
Bench: S. Vaidyanathan
W.P.No.1425 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN
W.P.No.1425 of 2021
and MP.No.1607 of 2021
M/s.St.Thomas Matriculation Higher Secondary School,
Rep. by its Correspondent,
T.Rajan Mathews
No.14, Sai Nagar, Chinnasekkadu,
Manali, Chennai 600 068. ... Petitioner
..Vs..
1. The ESI Corporation
Regional Office (T.N.) Rep.by its
Regional Director, Panchadeep Bhavan
No.143, Sterling Road,
Chennai 600 034.
2. The Assistant / Deputy Director
Regional Office (Tamil Nadu)
Employees State Insurance Corporation
No.143, Sterling Road,
Chennai 600 034. ... Respondents
Prayer:- This Writ Petition is filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorari calling for the
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https://www.mhc.tn.gov.in/judis/
W.P.No.1425 of 2021
records relating to the order of the second respondent passed in
No.TN/INS/VIII/51-00100995-1302 dated 27.10.2020 and quash the
same.
For Petitioner : Mr.P.Ebenezer Paul
For Respondents : Mr.G.Bharadwaj
Standing Counsel
ORDER
This writ petition has been filed to call for the records relating to the order of the second respondent passed in No.TN/INS/VIII/51- 00100995-1302 dated 27.10.2020 and quash the same.
2. The writ petition has been filed against the Show cause notice issued on 27.10.2020. The contention of the Management School is that beyond five years no proceedings could be initiated.
3. Since it is only a show cause notice, it is open to the School to put forth all the defence available before the ESIC, which shall consider the pleadings of the School and pass appropriate orders on merits after 2/4 https://www.mhc.tn.gov.in/judis/ W.P.No.1425 of 2021 affording an opportunity of personal hearing to the School. In case the Petitioner-School is aggrieved by the order that may be passed under Section 45-A of the ESI Act, 1948, it is open to him to question the said order by filing an appeal under Section 45AA of the Act or invoke Section 75 of the ESI Act 1948. In case of any adverse order by ESIC, it is open to the School to agitate the remedy under Section 82 of the ESI Act.
4. With the above observation the writ petition is disposed of. No costs. Consequently connected miscellaneous petition is also closed.
13.07.2021 dpq Index: Yes/No Speaking order / Non speaking order 3/4 https://www.mhc.tn.gov.in/judis/ W.P.No.1425 of 2021 S.VAIDYANATHAN, J.
dpq To
1. The ESI Corporation Regional Office (T.N.) Rep.by its Regional Director, Panchadeep Bhavan No.143, Sterling Road, Chennai 600 034.
2. The Assistant / Deputy Director Regional Office (Tamil Nadu) Employees State Insurance Corporation No.143, Sterling Road, Chennai 600 034.
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