B.N.MAHAPATRA
NATIONAL ALUMINIUM COMPANY LTD. – Appellant
Versus
EMPLOYEES STATE INSURANCE CORPORATION – Respondent
JUDGMENT :
B.N. Mahapatra, J. - These two writ petitions have been filed with identical prayer to quash Annexures-11, 12 and 17 on the ground that those are bad in law and in operative. The further prayer in both the writ petitions is to issue a writ of mandamus directing opp. party no. 1 -Employees State Insurance Corporation and opp. party no. 2-Deputy Director (Revenue), Employees' State Insurance Corporation not to insist implementation of the provisions of Employees' State Insurance Act, 1948 (in short, "ESI Act") and the scheme framed therein until the ESI Dispensary functions effectively and starts parallel service to such Contract Labourers.
Annexure-11 is a show-cause notice dated 25.7.2012 issued by opp. party no. 2 to the petitioner to show-cause within ten days from the date of that show-cause notice as to why the petitioner as one of the factory of M/s. Nalco (Project) should not be prosecuted for non-compliance with the provisions of the ESI Act, 1948 and Regulations framed thereunder.
Annexure-12 is also a show-cause notice dated 25.7.2012 issued by opp. party no. 2 to the petitioner to show-cause within fifteen days as to why assessment should not be made as proposed i
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