✦ Allahabad High Court · 24 Apr 2025

M/S Cresent Public School Esic Code No v. The Asst. Director/Auth. Officer,Employees

WRIT - C No. 3756 of 2025PANKA

Case at a glance

Decided
24 Apr 2025
Bench
PANKA
Neutral citation
2025:AHC-LKO:23337

Provisions considered

Key paragraphs

  • Para 44. In view thereof and considering the mandate of Section 45-A of the ESI Act, which provides for mandatory hearing, the order impugned dated 12.02.2019 is quashed. The writ petition is allowed.

Judgment

1.

Heard learned Counsel for the petitioner and Sri Shishir Pradhan, learned Counsel for the opposite parties no.1 and 2.

2.

The present petition has been filed challenging an order dated 12.02.2019 passed under Section 45-A of the Employees' State Insurance Act, 1948.

3.

The submission of the Counsel for the petitioner is that a show cause notice was sent on 25.06.2018 and thereafter on 19.02.2019. None of the show cause notice was ever served upon the petitioner and the order came to be passed on 12.02.2019 i.e. on a day prior to the second show cause notice sent on 19.02.2019. The order impugned also records that no opportunity was granted and no one appeared on behalf of the petitioner.

4.

In view thereof and considering the mandate of Section 45-A of the ESI Act, which provides for mandatory hearing, the order impugned dated 12.02.2019 is quashed. The writ petition is allowed.

5.

The respondents would be at liberty to pass a fresh order in accordance with law and the petitioner would be entitled to take all grounds that may be available to him under law. Order Date :- 24.4.2025 akverma ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

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.

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