M/s. Rajpath Services, Khurda v. The Dy. Director (Rev-II), ESIC, BBSR & Ors.
Case at a glance
Outcome
Disposed of
the Writ Petition is disposed of with a direction to the Petitioner to
Provisions considered
Key paragraphs
- Para 66. In view of such submission made by learned counsel for the Corporation so also contents of the letter dated 07.09.2023 as extracted above, on consent of the learned Counsel for the parties the Writ Petition is disposed of with a direction to the Petitioner…
Judgment
Mr. J. Pal, Advocate Opposite Parties Mr. A.P. Ray, Advocate Order No. 02. CORAM: JUSTICE SANJAY KUMAR MISHRA ORDER 27.09.2023 This matter is taken up through hybrid mode.
The Writ Petition has been preferred with a prayer to set aside the order dated 22.12.2021 passed by the Opposite Party No.1 in Appeal Case No.05 of 2019, as at Annexure-4.
The matter being moved before the coordinate Bench, on
01.09.2023 a direction was given to the learned Counsel for the Opposite Parties to take instruction as to whether the Petitioner can be provided further opportunity of hearing. Paragraph no.3 of the said order is extracted below:-
3. The Corporation will issue instruction on Court appointing date and time for one further opportunity of hearing if can be given to petitioner. For the purpose the corporation will already have the determination made by impugned order but petitioner will get one last opportunity to show on production of determination should be on lower side. Mr. Pal submits, his client will produce requisite documents as have already been mentioned in earlier notices.
relevant documents
Pursuant to the said order dated 01.09.2023, Mr. Ray, learned Counsel for the Opposite Parties-Corporation hands up a photo copy of the letter dated 07.09.2023 of the Asst. Director (Legal), ESI Corporation addressed to the learned Counsel in the said regard after serving copy of the same on learned Counsel for the Petitioner. The relevant portion of the said communication is extracted below:- “Sir, In pursuance of the order, dated 01.09.2023 of the Hon’ble High Court of Orissa, Cuttack passed in W.P.(C) No.27173 of 2023, it is to intimate that, it may be humbly submitted before the Hon’ble Court that the employer may be given an opportunity of hearing during the last week of the September, 2023 to produce following records before the Authorised Officer for determination of contribution under Section 45-A of the ESI Act, 1948, payable in employer’s respect establishment. 1. Attendance Register for the period 07/2014 to employees 12/2016.
2. Wage Register for the period 07/2014 to 12/2016 3. Cash Book for the period 2014-15, 2015-16 and 2016-17.
4. Balance Sheet and Profit & Loss Account for the period 2014-15, 2015-16 and 2016-17 with its schedules.
General Ledgers with Bills & Vouchers for the period 2014-16, 2015-16 and 2016-17.”
5. Mr. Ray, learned counsel for the Corporation fairly submits, though pursuant to order dated 01.09.2023 matter was listed on 15.09.2023, but the same could not be taken up by the coordinate Bench due to want of time. Since there is no time to fix a date this month, as suggested vide letter dated 07.09.2023, the court may fix any date during second week of October, 2023.
Operative part
In view of such submission made by learned counsel for the Corporation so also contents of the letter dated 07.09.2023 as extracted above, on consent of the learned Counsel for the parties the Writ Petition is disposed of with a direction to the Petitioner to remain present before the Authority concerned on 09.10.2023, at
11.00.A.M. with the documents as detailed in the letter dated
07.09.2023 of the Asst. Director (Legal), ESI Corporation.
Needless to mention here that if the Petitioner fails to remain present on the date and time fixed by this Court, no further opportunity shall be extended to the Petitioner and the Authority concern will be at liberty to pass appropriate order in accordance with law.
Urgent certified copy of this order be granted on proper application as per Rules. The Parties are also at liberty to act on digitally signed copy this order available in the official website of the Court. (S.K.MISHRA) JUDGE Banita Signature Not Verified Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: JR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 29-Sep-2023 12:59:56
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: the Writ Petition is disposed of with a direction to the Petitioner to
Which statutory provisions did this judgment involve?
ESI Act, 1948.
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.