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2025 Supreme(Online)(MAD) 14490

HIGH COURT OF MADRAS
M.DHANDAPANI, J
The Management of M/s.Lakshmi Narayana Vishalakshi College of Arts and Science – Appellant
Versus
The Deputy Director, Employees State Insurance Corporation – Respondent


Advocates:
For the Appellants/Petitioners: Mr.Anand Gopalan for M/s.Agam Legal
For the Respondents: Mr.Dwarakesh Prabhakaran for R1 and R2

Table of Content
1. challenge to the order under esi act based on lack of notice. (Para 1 , 2)
2. argument regarding opportunity and response to esi contribution default. (Para 3 , 4)

ORDER

This Petition has been filed under Article 226 of the Constitution of India seeking to quash the order dated 30.08.2019 passed by the first respondent in Proceeding No.56-00-110872-000-1303/INS.IV/SRO/under Section 45A of the Employees State Insurance, Act, 1948 and to consequently direct the first respondent to provide an opportunity to the petitioner to enable it to place the records and conduct a fresh enquiry.

2. It is the case of the petitioner that the petitioner is an educational institution functioning under the affiliation of Bharathiyar University, Coimbatore, commenced in the year 1990. Though initially the petitioner was having sufficient number of students enrolled in the academic years, at present it has got only about 176 students. However, without affording any opportunity to the petitioner, an order dated 30.08.2019 under Section 45A of the Employees State Insurance Act, 1948 (in short 'the Act') came to be passed claiming a sum of Rs.9,88,918/- for the period from 01.08.2014 to 30.

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