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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P., J
Ahmadul Kabeer – Appellant
Versus
Employees State Insurance Corporation – Respondent
| Table of Content |
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| 1. challenges to esi recovery under section 45-a for alleged lack of hearing. (Para 1 , 2) |
| 2. evidence shows petitioner attended hearings; denies non-receipt claims. (Para 3 , 4) |
| 3. no relief due to fact suppression; alternative remedy reserved. (Para 5 , 6) |
JUDGMENT
The petitioner has approached this Court challenging the recovery proceedings initiated against the petitioner to recover the amounts due in terms of an order issued under Section 45-A of the Employees State Insurance Act, 1948 (hereinafter referred to as ‘the Act’).
2. According to the petitioner, the petitioner had issued with a communication by the 1st respondent on 10.03.2023, informing the petitioner that contributions for the period from 08.02.2019 to 31.01.2023, amounting to Rs.8,16,051/- along with interest, is due from him. The petitioner contends that on receipt of the notice [which is on record as Exhibit P1], the petitioner attended the office of the 1st respondent and convinced him that the notice is based on data prior to the Covid-19 pandemic and as on the date of the issuance of Exhibit P1 notice, the number of employees were much below, in respect of whom the contribution had been determi
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