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2026 Supreme(Online)(Guj) 6990

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
SURAT MANAV SEVA SANGHV/sEMPLOYEES STATE INSURANCE CORPORATION


ORAL JUDGMENT

1. Present petition is filed by the petitioner – Surat Manav Seva Sangh under Article 226 & 227 of the Constitution of India read with the provisions of the Employees’ State Insurance Act, 1948 (hereinafter be referred to as “the Act”) against the order dated 22.12.2017 passed under Section 45A of the Act as also the order dated 07.03.2018 passed under Section 45AA of the Act and the consequential show-cause notices each dated 21.01.2020 issued by the respondent herein for recovery of the dues towards damages and interest as determined by the respondent.

2. Facts giving rise to present petition in nut-shell are as under :-

2.1 That, the petitioner is a registered Trust under the provisions ofthe Bombay Public Trust Act and is not doing any profit making activity but, is doing social welfare activity. That, the petitioner is giving free of cost food, education, shelter etc. to the needy and deserving persons in the society. That, the petitioner also runs medical activities and is committed to serve the down-trodden and poor people of the society.

2.2 As a part of its charitable activity, petitioner has executed Memorandum of Understanding for the purpose of establishing pa

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