M/s. Deccan Chronicle Marketers (I) Limited v. ESWARAIAH
Case at a glance
Provisions considered
- Employees State Insurance Act, 1948 s. 39(5)
Key paragraphs
- Para 44. Having regard to the facts and circumstances of the case, I am of the opinion that it is just and proper for the second respondent to verify the payment particulars and pass appropriate orders in accordance with law. The writ petition is accordingly disposed…
Judgment
M/s. Deccan Chronicle Marketers (I) Limited, Survey No.527, Burranpur, Nellore, Unit o M/s. Deccan Chronicle Holdings Limited, Rep. by its Chief Executive, Mr. O. Thomas, S/o. Ouseph Pailey, Corporate Office at 36, S.D. Road, Secunderabad. AND The Employees State Insurance Corporation, Rep. by its Regional Director, 5-9-23, Hill Fort Road, Hyderabad and two others. ORDER: …PETITIONER …RESPONDENTS Petitioner questions the order dated 15.06.2007 passed by the second respondent demanding to pay the contribution amount of Rs.86,562/- for the period from 01.04.2003 to 31.12.2006 along with interest under Section 39(5) of the Employees State Insurance Act, 1948 (for short ‘the Act’) up to
31.05.2007, failing which action would be initiated for recovery proceedings under Section 45(c) to 45(i) of the Act.
Learned counsel for the petitioner submits that the said amount pertains to six employees and in fact, the amount has already been by Bombay Intelligence Security (India) Limited and the details of the same have been furnished by letter dated 07.07.2007.
Learned Standing Counsel appearing for the respondents submits that unless the payment particulars are verified by the second respondent it may not be possible, at this juncture, to decide as to whether the demanded amount has been paid or not.
Having regard to the facts and circumstances of the case, I am of the opinion that it is just and proper for the second respondent to verify the payment particulars and pass appropriate orders in accordance with law. The writ petition is accordingly disposed of permitting the petitioner to produce all the relevant records in support of the payment, pertaining to the demanded amount, within one week from the date of receipt of a copy of this order and on furnishing the said records, the second respondent may verify and pass appropriate orders in accordance with law within four weeks thereafter and till such orders are passed no coercive steps shall be taken. There shall be no order as to costs. ______________ V. ESWARAIAH, J August 10, 2007 Note: Furnish C.C. of the order by 13.08.2007 (B/o) DSK
Questions this judgment answers
Which statutory provisions did this judgment involve?
Employees State Insurance Act, 1948 — s. 39(5).
Which court decided this case, and when?
Andhra Pradesh High Court, on 10 Aug 2007. The bench was V ESWARAIAH.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.