Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
House Master Facility Management Services Pvt. Ltd. – Appellant
Versus
E.S.I. Corporation – Respondent
| Table of Content |
|---|
| 1. challenge to recovery notices based on omitted wages. (Para 1 , 2 , 4) |
| 2. arguments regarding the necessity of a determination order. (Para 3 , 7 , 8) |
| 3. court's observations on natural justice and determination orders. (Para 10 , 12 , 18) |
| 4. final ruling on the necessity of a determination order. (Para 20) |
JUDGMENT :
M.A. ABDUL HAKHIM, J.
1. Appellant was the Applicant before the Employees Insurance Court, Kozhikode in E.I.C. No.19/2021. The appellant filed the Application under Sections 75 & 77 of the Employees’ State Insurance Act, 1948 (for short ‘ESI Act’), challenging Ext.P2 Actual notice dated 21.01.2020 and Ext.P3 Recovery Notice dated 22.04.2021 before the E.I. Court. The Applicant is a covered establishment. The Respondent-Corporation issued Ext.P2 notice alleging that the Applicant is liable to pay contribution for the omitted wages for the period from 03.2017 to 05.2018 demanding an amount of Rs.7,88,731/-. In Ext.P2 notice, the Respondent alleged that the total wages for the said period is Rs.1,26,86,776/-, the total contribution payable is Rs.8,24,641/-, the contribution paid is Rs.35,910/- and the balance contribution payable is Rs.7,88,731/-. The Applic
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.
Mandatory determination of contributions under Section 45-A of the ESI Act is required before recovery proceedings, ensuring compliance with 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....
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.
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
