Rajasthan High Court - Jodhpur
M/S. Material Handling Services vs The Appellate Authority, Employees ... on 2 March, 2020
Author: Arun Bhansali
Bench: Arun Bhansali
(1 of 2) [CW-1926/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1926/2020
M/s. Material Handling Services, Through Its Authorized Signatory
Deepak Sharma S/o Satyendra Prakash Sharma Address - 218 Rani
Road, Otc Scheme, Udaipur (Rajasthan).
----Petitioner
Versus
1. The Appellate Authority, Employees State Insurance
Corporation, Panchdeep Bhawan, Bhawani Singh Marg, Jaipur-
1 (Rajasthan)
2. Dy. Director, Sub-Regional Office, Employees State Insurance
Corporation, 5 Bhupalpura, (Rk Plaza), Near Shastri Circle,
Udaipur (Rajasthan).
3. The Social Security Officer, Employees State Insurance
Corporation, 5, Bhupalpura, (Rk Plaza), Near Shastri Circle,
Udaipur (Rajasthan).
----Respondents
For Petitioner(s) : Mr. P.D. Bohra.
For Respondent(s) : Mr. Rohit Mutha.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 02/03/2020 This writ petition has been filed by the petitioner aggrieved against the order dated 15.05.2019 (Annex.-3) passed by the appellate authority under the Employees' State Insurance Act, 1948 ('ESI Act'), whereby the appeal filed by the petitioner under Section 45AA of the ESI Act has been rejected.
Aggrieved against the determination made on 05.02.2019, the petitioner deposited 25% of the demand and alongwith that sent a communication to the appellate authority seeking hearing in the matter.
The application/appeal filed by the petitioner was rejected by indicating that neither any grounds nor any documents have been annexed and, consequently, rejected the appeal.
Learned counsel for the petitioner made submissions that in a similar nature writ petition, wherein also after depositing the amount of pre-deposit and only a communication was sent to the appellate authority, a coordinate Bench of this Court has accepted the writ petition and granted time to file appropriate memorandum of appeal in Unique Fabcare Pvt. Ltd v. Appellate Authority & Ors.:
(Downloaded on 03/03/2020 at 08:52:56 PM)(2 of 2) [CW-1926/2020] SBCW No. 9664/2019, decided on 09.07.2019 and, therefore, the present writ petition may also be decided in light of and with the similar directions.
Learned counsel for the respondents though attempted to resist the submissions made in this regard submitted that the order under Section 45AA of the ESI Act is open to challenge by way of proceedings under Section 75 of the ESI Act and, therefore, the writ petition is not maintainable.
Further submissions were attempted to be made on the merits of the dispute, however, it was fairly conceded that the issue raised is similar to that in the case of Unique Fabcare Pvt. Ltd. (supra) and that the department has not challenged the said order dated 09.07.2019.
In view of the above fact situation, wherein the issue raised in the present petition is squarely covered by order in the case of Unique Fabcare Pvt. Ltd. (supra), the writ petition filed by the petitioner is decided in light of and with the similar directions as given in the case of Unique Fabcare Pvt. Ltd. (supra), wherein it was directed as under:-
"The writ petition is allowed. The impugned order dated 15.05.2019 (Annex.3) is, therefore, quashed and set aside.
The petitioner is provided three weeks' time to file proper memorandum of appeal, setting out requisite facts and grounds in support of his appeal. If the memo of appeal is filed by 31.07.2019, the Appellate Authority shall decide the same in accordance with law."
(ARUN BHANSALI),J 42-PKS/-
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