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2024 Supreme(Gau) 1007

ARUN DEV CHOUDHURY
Hotel Radha International – Appellant
Versus
Employee State Insurance ESI Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. P BARUAH, MR.A GOYAL, MR.K CHOUDHURY, DR.ASHOK SARAF,MR.Z ISLAM
For the Respondent: MR.K K NANDI, SC, E S I

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. K. Choudhury, learned counsel for the petitioners. Also heard Mr. M. Smith, learned counsel for the respondent Nos. 1 and 3 to 6.

2. These three writ petitions are taken up together for final disposal as they involve similar issues and cause of action.

3. By way of these batch of writ petitions, the action of authorities under Employee State Insurance Act, 1948 (hereinafter referred to as Act, 1948) has been challenged.

4. The facts and sequence of events which is gathered from the pleadings of the parties, necessary for determination of the writ petitions are recorded herein below:

    A. WP(C) No. 4139/2014 :

I. According to the respondents, they carried out an inspection in the premises of the petitioner on 20.12.2008 in exercise of their power under the Act, 1948. On 01.01.2009, a notification under Sub Section 3 of Section of the Act, 1948 was issued notifying 1st January, 2009 as the appointed date on which the provision of Chapter-IV (except Section 44 and 45 of the Act, 1948 which was already brought into force) and Chapter-V and VI (except Sub Section 1 of Section 76 and Sections 77,78,79 and 81, which have already been brought into forc

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