Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
Ramani Tex, Rep. by its Partner – Appellant
Versus
Deputy Director, Employees State Insurance Corporation (Sub Regional Office) – Respondent
| Table of Content |
|---|
| 1. writ petition seeks to quash unserved esi order. (Para 1 , 2) |
| 2. petitioner's right to appeal violated due to non-service. (Para 3 , 4) |
| 3. respondents argue petitioner's address change responsibility. (Para 5 , 6) |
| 4. court reviews submissions before concluding. (Para 7 , 8) |
| 5. authorities' powers under esi act clarified. (Para 9 , 10 , 14) |
| 6. section 45a interpretation based on supreme court's ruling. (Para 11 , 12 , 13) |
| 7. grounds for invoking section 45a established. (Para 15 , 16 , 17) |
| 8. writ petition resolved with interim orders. (Para 18) |
ORDER :
The writ petition is filed seeking a Writ of Certiorari to call for the records of the first respondent in C-19 notice, dated 20.10.2023 and consequential order, under Section 45A of the Employees State Insurance Act, 1948 (in short “ESI Act”) dated 12.09.2022 and to quash the same.
3. The first contention of the petitioner is that, the petitioner is entitled to approach this Court, since the order under Section 45A of ESI Act, was not even served on the petitioner firm, so as to enable the petitioner to file an appeal or to approach the ESI Court, at the relevant point of time. Without even serving the order, the authoritie
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.
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....
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.
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 main legal point established in the judgment is the importance of exhausting the alternative statutory remedies provided under the Employees State Insurance Act, 1948 before seeking judicial inte....
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....
The Court emphasized the importance of exhausting statutory remedies under the Employee State Insurance Act before seeking relief through writ petitions.
Damages under the E.S.I. Act are discretionary, not mandatory, and must consider genuine hardships, reaffirming that penalties should not automatically apply.
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
