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MANOJ MISRA, UJJAL BHUYAN
Carborandum Universal Ltd. – Appellant
Versus
ESI Corporation – Respondent
JUDGMENT :
UJJAL BHUYAN, J.
Leave granted.
2. This civil appeal by special leave is directed against the judgment and order dated 12.10.2023 passed by the High Court of Judicature at Madras (briefly ‘the High Court’ hereinafter) in C.M.A. No. 1284 of 2017 (M/s. Carborandum Universal Limited Vs. ESI Corporation).
3. Be it stated that appellant had filed the related appeal before the High Court assailing the legality and validity of the order dated 06.07.2015 passed by the Employees Insurance Court (Principal Labour Court), Chennai in E.I.O.P. No. 262 of 2001. By the aforesaid order dated 06.07.2015, the Employees Insurance Court upheld the order dated 17.04.2000 passed by the Regional Office (Tamil Nadu), Employees State Insurance Corporation holding that a sum of Rs. 5,42,575.53 is statutorily due as arrears of contribution and payable by the employer i.e. the appellant for the period from 01.08.1988 to 31.03.1992. Appellant was directed to pay the aforesaid amount with interest at the rate of 12 percent per annum upto 31.08.1994 and at the rate of 15 percent per annum from 01.09.1994. The aforesaid order dated 17.04.2000 was passed under Section 45A of the Employees State Insurance A
The invocation of Section 45A of the Employees State Insurance Act requires clear non-production of records or obstruction of inspection, which was absent in this case, leading to the invalidation of....
Mandatory determination of contributions under Section 45-A of the ESI Act is required before recovery proceedings, ensuring compliance with principles of natural justice.
Authority must not invoke Section 45A for best judgment assessment unless there is no submission of required documents; disputes should be resolved in ESI Court.
The court established that determinations under the Employees’ State Insurance Act must be based on current and relevant information, emphasizing the need for fairness in quasi-judicial actions.
A determination order under Section 45A of the ESI Act is mandatory before issuing recovery notices for omitted wages, ensuring adherence to principles of natural justice.
The main legal point established in the judgment is that when the order passed under Section 45-A of the ESI Act is not challenged and is allowed to become final, the consequential recovery proceedin....
The main legal point established in the judgment is the joint and several liability of the transferee and the transferrer under Section 93A of the Employees State Insurance Act.
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