OUAT, Bhubaneswar & Anr. v. Employees’ State Insurance

Mr. A.Pal, Advocate -versus- Employees’ State Insurance Corporation, Bhubaneswar and another …. Opposite Parties CORAM: JUSTICE SANJAY KUMAR MISHRA ORDER 12.01.2024 This matter is taken up through hybrid mode.

The Writ Petition has been preferred to issue a Writ of Mandamus to declare the implementation/applicability of the ESI Act, 1948 to the Petitioners’ establishment w.e.f. 27.06.2023 in terms of judgment dated 27.06.2023 passed in W.P.(C) No. 19688 of 2021.

On perusal of the record, it is ascertained that pursuant to judgment dated 27.06.2023 passed in W.P.(C) No.19688 of 2021, the same was confirmed by the Hon’ble First Division Bench, vide its judgment dated 13.09.2023, passed in W.A. No. 1689 of 2023. It is further ascertained that in view of the observation made in W.A. No. 1689 of 2023, the Assistant Director (Rev-IV), Employees’ State Insurance Corporation issued a notice dated 04.10.2023 to the Petitioners’ establishment for initiation of Section 45(A) proceeding and to Show Cause within thirty days therefrom as to why the assessment shall not be made towards E.S.I. contribution, as detailed in the said Show Cause Notice. Being so noticed, the petitioners’ Establishment has rendered appearance before the Authority concerned through the authorized representative and has tendered the Show Cause replies dated 27.10.2023 and 14.12.2023.

A query being made, Mr. Pal submits, the said proceeding is yet to attain finality and still pending. In view of such submission made by the learned Counsel for the Petitioner, this Court is of the view that the Writ Petition is premature. At this stage, Mr. Pal prays for withdrawal of the Writ Petition with liberty to approach the appropriate forum at appropriate stage.