Delhi High Court - Orders
Spicejet Limited vs Employees State Insurance Corporation on 11 February, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
$~18 (2022 Cause List)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 143/2022
SPICEJET LIMITED ..... Petitioner
Through: Mr. Atul Sharma, Advocate.
versus
EMPLOYEES STATE
INSURANCE CORPORATION ..... Respondent
Through: Mr. Ashok Verma, Advocate.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 11.02.2022 The proceedings in the matter have been conducted through video conferencing.
CM APPL. 7786/2022(exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
CM(M) 143/2022 & CM APPL. 7785/2022(stay)
1. The petitioner challenges an order dated 20.12.2021 passed by the Employee State Insurance Court ["ESI Court"] whereby the petitioner's application for waiver of pre-deposit under Section 75(2-B) of the Employees State Insurance Act, 1948 ["the Act"] has been dismissed.
2. Mr. Atul Sharma, learned counsel for the petitioner, submits that the proceedings before the ESI Court arise out of levy of damages by the Employees State Insurance Corporation ["ESIC"] under Section 85-B of Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:12.02.2022 22:32:08 CM(M) 143/2022 Page 1 of 2 the Act without determination of any contribution under Section 45-A of the Act. He relies upon the order of this Court dated 04.07.2014 in CM(M) 617/2014, whereby this Court remanded the issue with regard to waiver of the pre-deposit to the ESI Court with certain observations, to submit that the impugned order has been passed without adhering to the directions of this Court. Mr. Sharma also cites a judgment of this Court C.D. Securities Services Network Ltd vs. Employees State Insurance Corpn. (2010) 116 DRJ 533, to submit that these facts and circumstances ought to have been examined by the ESI Court while deciding the application.
3. Mr. Ashok Verma, learned counsel, appears on behalf of the ESIC, on advance notice, and seeks time to take instructions inter alia as to whether there was any determination of the contribution of the petitioner for the period in question. Mr. Verma is at liberty to place documents on record by 15.02.2022.
4. List on 16.02.2022.
PRATEEK JALAN, J FEBRUARY 11, 2022 'pv' Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:12.02.2022 22:32:08 CM(M) 143/2022 Page 2 of 2