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2017 Supreme(Pat) 436

ASHWANI KUMAR SINGH
Shantiniketan Awasiya Bal Vidyalaya, Ayiyapur, Muzaffarpur – Appellant
Versus
Regional Director, Employee's State Insurance Corporation – Respondent


Advocates Appeared:
For the Petitioners:Mr. Ashok Kumar Choudhary, Mr. Akshansh Ankit, Advocates
For the Respondents-ESIC:Dr. Anshuman, Advocate

JUDGMENT :

Mr. Ashwani Kumar Singh, J.

1. The present writ application has been filed on behalf of the petitioners for quashing the show cause notice as contained in C18-Adhoc dated 27.08.2014 (Annexure-1 to the present application) as well as notice as contained in Letter dated 05.11.2014 (Annexure-2 to the present application) issued by the Deputy Director, Employees' State Insurance Corporation (for short 'ESIC'), Patna whereby the petitioner school was asked to show cause for the alleged non-compliance of the Employees' State Insurance Act, 1948 (for short 'ESI Act') for the period 2009-2014. Further, a prayer has been made to set aside the remittance order as contained in Letter dated 16.02.2015 issued by the Revenue Recovery Officer, ESIC whereby and where under a sum of Rs.15,34,915/- has been recovered from the bank account of the petitioner school.

2. In the counter affidavit filed on behalf of the respondent-ESIC a preliminary objection has been raised regarding maintainability of the writ petition as the petitioners have not exhausted the statutory remedies provided under the ESI Act for the redressal of their grievances.

3. Countering the contentions raised in the counter a


































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