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MADHAV J. JAMDAR
SBI General Insurance Company Limited – Appellant
Versus
Employees State Insurance Corporation – Respondent
JUDGMENT :
Madhav J. Jamdar, J.
1. Heard Mr. Sudhir Talsania, learned Senior Counsel appearing for the Petitioner and Mr. Pathak, learned Counsel appearing for the Respondents.
2. At the outset, Mr. Sudhir Talsania, learned Senior Counsel appearing for the Petitioner seeks leave to amend the cause title. Leave to amend the cause title is granted. Amendment be carried out forthwith. Re-verification is dispensed with.
3. By the present Writ Petition filed under Article 226 of the Constitution of India, the challenge is to the legality and validity of the order dated 29th December 2023/1st January 2024 passed by the Assistant Director, Authorized Officer, Employees’ State Insurance Corporation passed under Section 45A of the Employee State Insurance Act, 1948 (“ESI Act”).
4. Mr. Sudhir Talsania, learned Senior Counsel appearing for the Petitioner raised the following submissions :
(b) The impugned order has been passed without following the principles of natural justice. Learned Senior Counsel p
A quasi-judicial authority must disclose all relevant materials relied upon in its decision-making process to ensure compliance with 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.
Disciplinary authority must supply enquiry report to employee before forming punishment opinion; failure breaches natural justice without needing prejudice proof; proceedings remanded for compliance.
An appeal against recovery proceedings under the E.S.I. Act is not maintainable without first challenging the correctness of the preceding order under Section 45-A.
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