The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK W.P.(C) No.4201 of 2024 R & S. Engineering Services, Gujarat …...... Petitioner -Versus- ESIC, Regional Office, Odisha & Ors. ......... Opposite Parties For Petitioner : Mr. P.K. Satapathy Advocate For Opposite Parties Advocate : Mr. A.P. Ray, ................... CORAM: JUSTICE SANJAY KUMAR MISHRA Date of Hearing and Judgment: 24.07.2024 _____________________________________________________________ S.K. MISHRA, J. 1. Learned Counsel for the Petitioner files a Memo enclosing thereto photocopy of the Joint Petition filed before the High Court of Orissa, Mediation Centre, Cuttack in Mediation Proceeding No.111 of 2023 along with the Mediation Report dated 28.06.2024. 2.
Legal Reasoning
Mr. Ray, learned Counsel for the Opposite Parties-Corporation files Counter Affidavit after handing over a copy of the same to the learned Counsel for the Petitioner. Both the Memo with enclosures and Counter Affidavit filed by the learned Counsel for the Opposite Parties-Corporation are taken on record. Since pleadings are complete, on consent of the parties, the matter is taken up for hearing and final disposal. 3. The Writ Petition has been preferred with following prayer:- “The petitioner therefore prays that your Lordships would be graciously pleased to admit this Writ Petition, call for records, after hearing the parties, issue writ / writs in the nature of certiorari / mandamus or any other writ / directions directing Op No-1 to consider the petitioner's application for re- the calculation and and E.S.I.C. correction of the demand amount taking into consideration of the work completed on 25.09.16 as per wages registrar.” reassessment of contribution amount (Emphasis supplied) 4. During hearing, learned Counsel for the Petitioner, drawing attention of this Court to the representation given by the Petitioner to the Regional Page 2 of 9 Director, ESI Corporation, Odisha, dated 18.12.2023 as at Annexure-1 series so also copy of Joint Petition filed today in the Court submits, in view of the said Joint Petition filed before the High Court of Orissa Mediation Centre in Mediation Proceeding No.111 of 2023 and the Mediation Report dated 28.06.2024, which was duly witnessed by the learned Counsel representing the Regional Director, ESIC,
Decision
Bhubaneswar, the Writ Petition be disposed of directing the Opposite Parties-Corporation to recall the order dated 15/16.07.2019 passed under section 45- A of the ESI Act, 1948 and reconcile the account and revise the said Order as to the actual contribution payable under the ESI Act,1948 keeping in view the admitted fact that the Work Order of the Petitioner’s Establishment stood terminated by the Opposite Party No.4 (JSL) with effect from 30.09.2016. 5. Mr. Ray, learned Counsel for the Opposite Parties-Corporation submits, the Petitioner has not challenged the 45A order passed by the Authority concerned and it has been prayed for recalculation and Page 3 of 9 reassessment of ESI contribution, which could have been prayed by participating in the 45A proceeding. 6. Mr. Ray further submits, though the Petitioner was duly noticed by the authority concerned in the 45A proceeding, instead of participating in the hearing of the said proceeding and asking for recalculation and reassessment by producing the relevant records to substantiate the said prayer, the Petitioner chose not to appear before the authority concerned, for which an ex- parte order was passed by the authority concerned under section 45A of the Act, 1948. 7. In view of such submission made by the learned Counsel for the parties, it would be apt to reproduce below the relevant portion of the Joint Petition dated 28.06.2024 filed in Mediation Proceeding No.111 of 2023 so also Mediation Report dated 28.06.2024. Extract from 28.06.2024 the Joint Petition dated 2) d. The ESI amount will be deducted after the disposal of the writ petition bearing no WP(C) No 7666 of 2024 pending before the High Court of Orissa and assessment of the Concerned authority and deposited to the ESI Page 4 of 9 After receiving Petitioner. authority after receiving letter of demand by the the communication from the petitioner, the Opposite party will deposit the same within 7 days from the date of communication. The said amount will be paid from the amount deposited in the fixed deposit account after due communication to the petitioner. (Emphasis supplied) MEDIATION REPORT 28/06/2024 Pursuant to the order of the Hon'ble High Court dtd.22.09.2023, the undersigned was appointed as mediator by the Coordinator of the Centre for settlement of the dispute between the parties. The petitioner Namely Ranjeet Kumar Ranjan and Mr. Rahul Rai are present. Counsel for the petitioner namely Mr. Pranab Samantaray is present at High Court of Orissa Mediation Centre, Aain Seva Bhawan, Cuttack. On behalf of the Opp. party Mr. Sunil Agrawal, AVP, Finance, R.P. Panigrahi, Legal Head, Gouranga Pattnaik, Manager IR, L.N. Panda, Sr. Manager, G.N. Tiwari, Law Officer and their counsel Mr. Aditya Narayan Das, Mr. N. Sarkar, Sohan Mishra and Somalin Pattnaik, Advocates are present. The counsel of Regional Director, ESIC, Bhubaneswar namely Mr. Tapas Ranjan Jena and Mr. Amarendra Prasad Ray are present. District Labour Officer, Jajpur Mr. S.K Mohanty is also present. all During sittings of mediation proceedings several attempts were made to resolve the dispute between the parties amicably. At last both the parties in presence of their respective counsels, agreed to settle their dispute as per the terms and conditions mentioned in the joint affidavit filed by both the parties which is attached herewith. The terms and conditions are being read over petitioner and the Opp. Party in presence of Page 5 of 9 their respective counsels who admit the terms and conditions of settlement are written as per their wish and they agreed to abide by the terms and conditions and thereafter they signed in my presence. Accordingly, the present Mediation Proceeding is successful. (Emphasis supplied) 8. Since there is a reference to W.P.(C) No.7666 of 2024 in the Joint Petition, which does not match with the number of the present Writ Petition a query being made, learned Counsel for the Petitioner submits, the Diary Number allotted at the time of filing of the Writ Petition has been wrongly reflected in the Joint Petition, instead of W.P.(C) No.4201 of 2024.The said submission made is not disputed by the learned Counsel for the ESI Corporation. 9. Admittedly, vide clause 2 (d) of the Joint Petition, it was agreed between the parties i.e. the Petitioner and the Principal Employer M/s Jindal Stainless Limited(JSL) that after disposal of the present Writ Petition and reassessment made by the ESI Authority as to the actual contribution payable by the Petitioner’s Establishment and making a communication to the said effect to the Opposite Party Page 6 of 9 No.4, it will deposit the said amount with the ESI Corporation. 10. As is revealed from the Order Sheet in Mediation Proceeding No.111 of 2023, though the Joint Petition, detailing therein the terms of compromise, was produced before the learned Mediator in presence of the parties and learned Counsels for the ESI Corporation namely, Mr. Tapas Ranjan Jena and Mr. Amarendra Prasad Ray , were present to witness the said proceeding and acknowledged the same by signing in the Order Sheet, did not oppose to the terms of reassessment of contribution to be made by the ESI Authority . From the conduct of the parties to the mediation proceeding, including the ESI Corporation, it is well understood that parties to the said proceeding agreed that the ESI Authority is to reassess the actual contribution payable by the Petitioner’s Establishment and after doing so, the Petitioner shall make a communication to the said effect to the Opposite Party No.4 (JSL), who will deposit the reassessed amount with the ESI Corporation. Page 7 of 9 11. In view of the above, the Writ Petition stands disposed of directing the Petitioner to appear before the Deputy Director (Revenue II) ESIC, BBSR (O.P.No.2) on 9th August, 2024, at 11 A.M., through its Authorized Representative or Counsel, and file its written submission, if any, with all relevant records to substantiate its demand for reassessment of the contribution and other dues, if any, payable under the ESI Act, 1948. On appearing so, the Deputy Director (Revenue II) ESIC, BBSR shall recall the Order dated 15/16.07.2019 passed under section 45-A of the ESI Act, 1948 and do well to proceed further for reassessment of the contribution payable by the Petitioner Establishment giving due opportunity to the Authorized Representative and/ or the learned Counsel for the Petitioner, as the case may be, to have their say and re- determine the dues payable to the Corporation in accordance with provisions under the Act, 1948 and pass a fresh order enabling the Petitioner to communicate the same to the Opposite Party No.4, it being the Principal Employer, to deposit the said money with the Corporation Page 8 of 9 and further act in terms of the Joint Compromise Petition filed in Mediation Proceeding No.111 of 2023. 12. With the said observation, the Writ Petition stands disposed of. 13. Urgent certified copy of this order be granted on proper application as per rules. …….…………………… S.K. MISHRA, J. Orissa High Court, Cuttack. Dated, 24th July, 2024 / Banita Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: SR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Jul-2024 17:58:52 Page 9 of 9