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Tapan Roy Security Agency And Anr vs Employees State Insurance Corporation ... on 25 September, 2025
cites
Section 45A in The Employees' State Insurance Act, 1948 [Entire Act]
Hegde And Golay Limited vs Esic And Anr. on 1 April, 1981
Similar view was followed
in Hedge and Golay Ltd. v. ESIC 1982 (1)
LLJ 48 by Karnataka High Court.
Fenner Garments vs Dy. Regional Director, E.S.I.C. on 12 August, 1993
However, the statute makes it clear in this
case to that extent. When the statute
ensures the principle of 'audi alteram
partem', then the same can not be
overlooked. Thus the provision of 'audi
alteram partem' as enshrined in the
statute itself having been overlooked, the
writ petition cannot be thrown out on the
ground of alternative remedy. The decision
in Whirlpool Corporation. (supra) as held in
paragraph 15 supports the above
proposition, which is now a settled
principles of law. The decision in Fenner
Garments v. Deputy Regional Director
ESIC Madras (supra) also holds good
having taken the same view to the extent
that in case of non-filing of Return if the
authority determines the amount or
calculates the amount on the basis of the
Report of the Inspector without issuing
6
notice of show cause and without
affording any opportunity of hearing, in
that event, section 45a (1) is infracted."
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