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Rajrani Exports Ltd. And Anr. vs Employees State Insurance Corporation ... on 5 September, 2001
cites
Section 75 in The Employees' State Insurance Act, 1948 [Entire Act]
Section 45 in The Employees' State Insurance Act, 1948 [Entire Act]
Section 44 in The Employees' State Insurance Act, 1948 [Entire Act]
Section 40 in The Employees' State Insurance Act, 1948 [Entire Act]
Section 39 in The Employees' State Insurance Act, 1948 [Entire Act]
Fenner Garments vs Dy. Regional Director, E.S.I.C. on 12 August, 1993
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 notice of show cause and without affording any opportunity of hearing, in that event, Section 45A(1) is infracted.
The Employees' State Insurance Act, 1948
Hegde And Golay Limited vs Esic And Anr. on 1 April, 1981
Similar view was followed in Hedge & Golay Ltd. v. ESIC 1982 (I) LLJ 48 by Karnataka High Court. 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.
Whirlpool Corporation vs Registrar Of Trade Marks, Mumbai & Ors on 26 October, 1998
The decision in Whirpoor Corporation, (supra) as held in paragraph 15 supports the above proposition, which is now a settled principles of law.