Rajasthan High Court - Jodhpur
Pacific Medical University vs The Appellate Authority, Esic on 25 August, 2020
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6534/2020
Pacific Medical University, through its Chairperson Rahul Agarwal
S/o Bhola Ram Agarwal, Age 45, R/o Otto Ka Guda, Bhilon Ka
Bedia, Pratapura, Amberi Udaipur - 313001 (Rajasthan)
----Petitioner
Versus
1. The Appellate Authority, Esic, Employees State Insurance
Corporation, Panchdeep Bhawan, Bhawani Singh Marg,
Jaipur-1 (Rajasthan)
2. Dy. Directory, Sub Regional Office, Employees State
Insurance Corporation, 5, Bhupalpura, (RK Plaza), Near
Shastri Circle, Udaipur (Rajasthan)
3. The Revenue Recovery Officer, Sub Regional Office,
Employees State Insurance Corporation, 5, Bhupalpura,
(Rk Plaza), Near Shastri Circle, Udaipur (Rajasthan)
4. The Social Security Officer, Sub Regional Office,
Employees State Insurance Corporation, 5, Bhupalpura,
(Rk Plaza), Near Shastri Circle, Udaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Prem Dayal Bohra
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order 25/08/2020 This writ petition has been filed by the petitioner aggrieved against the order dated 18.12.2018 (Annex.-6) 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 (Downloaded on 25/08/2020 at 08:53:51 PM) (2 of 3) [CW-6534/2020] 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.:
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 (Downloaded on 25/08/2020 at 08:53:51 PM) (3 of 3) [CW-6534/2020] 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 18.12.2018 (Annex.6) 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."
(VIJAY BISHNOI),J 94-Ravi Kh/-
(Downloaded on 25/08/2020 at 08:53:51 PM) Powered by TCPDF (www.tcpdf.org)