THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE EMPLOYEES STATE INSURANCE CORPORATION AND 2 ORS

Advocate for the Petitioner : MR. B J GHOSH Advocate for the Respondent : MR. M SMITH, ESIC Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI 13-12-2023 ORDER Heard Shri B. J. Ghosh, learned counsel for the petitioner. Also heard Shri M. Smith, learned Standing Counsel, ESIC appearing for the respondents. Considering the facts and circumstances and as agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the motion stage. The petitioner claims to be a registered employer under the Employees’ State Insurance Act, 1948 and running a business. It is however contended that during the Covid period, the normal activities of the business were adversely affected. Consequently, an order dated 29.10.2021 was issued under Section 45 A of the ESI Act for in connection with the show-cause notices which were issued during the aforesaid period. Ultimately, there was a determination of the ESI contribution which according to the petitioner is an ex-parte one.

The said determination has come to Rs.17,48,382/- (Rupees Seventeen Lakh Forty Eight Thousand Three hundred Eighty Two) only. The petitioner has filed an application under Section 45 E (2) of the Act on 25.09.2023 for withdrawal of the certificate which however has not been considered. Shri Ghosh, the learned counsel for the petitioner has submitted that the recourse taken by the petitioner is a right conferred by the statute and consideration of the same may be directed by this Court. On the other hand, Shri Smith, the learned Standing Counsel has submitted that there are statutory provisions in the Act of 1948 itself and the said provision cannot be bypassed by approaching this Court. The learned Standing Counsel however has submitted that he is not opposing in principle for consideration of the application filed under Section 45 E (2) which however has to be done on its own merits. In view of the aforesaid facts and circumstances, the instant writ petition is Page No.# 3/3 disposed of by directing the authorized officer under the Act of 1948 to consider the application dated 25.09.2023 said to have been filed under Section 45 E (2) of the ESI Act, 1948 and pass a speaking order as expeditiously as possible and preferably within a period of 3 (three) weeks from the date of receipt of certified copy of this order.

To facilitate such consideration, the petitioner is required to furnish a fresh copy of the said application along with the certified copy of this order. This Court makes it clear that no opinion on merits is expressed and the consideration has to be done strictly in accordance with law. JUDGE Comparing Assistant