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2014 Supreme(Mad) 177

R.SUBBIAH
Carborundum Universal – Appellant
Versus
Employees State Insurance Corporation – Respondent


Advocate Appeared:
For the Petitioners:Ramesh, Senior Counsel for M/s. Gupta, Ravi, Advocates.
For the Respondents:R1, K. Prabakar, Advocate.

JUDGMENT

1. This writ petition has been filed praying for issuance of a writ of certiorari to call for the records and quash the complaint in C.C.No.5988 of 2012 on the file of the II Metropolitan Magistrate, Egmore, Chennai.

2. The petitioners herein have been arrayed as A1 & A2, along with four other accused, in the complaint filed by the 1st respondent viz., Employees' State Insurance Corporation, for the offence punishable under Section 85(ii) of the Employees State Insurance Act, 1948, in C.C.No.5988 of 2012 on the file of the Metropolitan Magistrate No.II, Chennai.

3. The allegation in the complaint filed by the 1st respondent-ESI Corporation is as follows:-

3(1) The 1st accused viz., M/s.Carborundum Universal Limited, is the principal employer and the 3rd accused viz., M/s.Aparajitha Corporate Services (P) Ltd., is the immediate employer, which are companies registered under the Companies Act. The 2nd accused is the Managing Director of the Principal Employer and the Accused 4 to 6 are the Directors of the immediate employer respectively.

3(2) The 1st accused/1st petitioner is an establishment, to which the provisions of the Employees State Insurance Act, 1948 (hereafter referred






















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