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2019 Supreme(Mad) 2253

S.M.SUBRAMANIAM
Shree Senthil Enterprises, Registered Partnership Firm, by its Partner, Chitra Parimala, Coimbatore – Appellant
Versus
Employees State Insurance Corporation, Sub-Regional Office, Coimbatore – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S. Siva Shanmugam, Advocate.
For the Respondents:T.N.C. Kaushik, Advocate.

JUDGMENT :

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to impugned order bearing No.CBE/RECY/CP-3/56/60841/19 dated 21.03.2014 on the file of the first respondent and quash the same.

1. The order dated 21.03.2014 passed by the 1st respondent, which is in the nature of the Prohibitory order is under challenge in the present writ petition.

2. The writ petitioner is M/s.Shree Senthil Enterprises, which is a Registered Partnership Firm. The petitioner states that they have applied under the ESI Scheme and was admitted accordingly in ESI Registration No as:5600-111791-000-0506/Rev IV.

3. Due to financial difficulties, the writ petitioner was unable to pay the contribution punctually. Under those circumstances, the order impugned dated 21.03.2014 was issued and the petitioner has chosen to file the present writ petition.

4. This Court is not inclined to adjudicate the merits and the demerits in view of the fact that the order impugned is an Appealable order under Section 75 of the ESI Act of the ESI Act. ESI Courts are constituted pursuant to the statutes and the ESI Court is presided over

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