✦ Calcutta High Court · 16 Jan 2024

BHASKAR DUTTA GUPTA v. EMPLOYEES STATE INSURANCE CORPORATION & Anr.

Wpo No. 1842 of 2023RAJASEKHAR MANTHA

Case at a glance

Outcome

Disposed of

With the aforesaid directions, the writ petition stands disposed of

Provisions considered

Key paragraphs

  • Para 44. With the aforesaid directions, the writ petition stands disposed of. (RAJASEKHAR MANTHA, J.)

Judgment

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WPO/1842/2023 BHASKAR DUTTA GUPTA VS EMPLOYEES STATE INSURANCE CORPORATION AND ANR BEFORE: The Hon'ble JUSTICE RAJASEKHAR MANTHA Date : 16th January, 2024. Appearance : Mr. D. Gupta, Adv., for petitioner. Mr. A. Maitra, Adv., for ESIC The Court:

1.

This Court had recorded in the order dated January 2, 2024 that the impugned notice asking for contributions towards ESI from September 2017 to August 2023 is barred by section 45A of the ESI Act.

2.

In that view of the matter, the notice dated November 6, 2023 shall stand quashed and set aside. The undated one page report of the Assistant Director(Legal), ESI Corporation is kept on record.

3.

The ESI authorities shall, however, not be prevented from taking any other measures or initiating any other proceedings that they are entitled to under the ESI Act, 1948 and the Regulations framed thereunder in accordance with law.

Operative part

4.

With the aforesaid directions, the writ petition stands disposed of.

(RAJASEKHAR MANTHA, J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: With the aforesaid directions, the writ petition stands disposed of

Which statutory provisions did this judgment involve?

ESI Act, 1948.

Which court decided this case, and when?

Calcutta High Court, on 16 Jan 2024. The bench was RAJASEKHAR MANTHA.

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.

Why is this linked?

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