JUDGMENT :

Prayer: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the record of the respondent in respect of the proceedings No.63000450420000607/MEC/SRO/SLM/C-18(Adhoc)/18/14 and quash the show cause notice dated 06.06.2014 claiming contribution from the petitioner for the period from 01.04.2007 to 31.03.2010 and award exemplary costs.

1. The Show Cause Notice dated 06.06.2014 issued by the respondent is sought to be quashed in the present writ petition.

2. The learned Senior counsel appearing on behalf of the writ petitioner made a submission that the impugned show cause notice is nothing but the review of the award passed under Section 45-A of the ESI Act, 1948 in Order dated 16.11.2011. Such a review cannot be initiated, as the respondent is not empowered under the Act to review the final order passed under Section 45-A of the Act. Thus, the show cause notice impugned is without jurisdiction and without any authority. To substantiate the said contention, the learned Senior counsel reiterated that though Section 75 of the Act provides an adjudication before the ESI Court, the petitioner has chosen to file the writ pet