Advocates:
['Sourendra Pandey', '', 'Nalin Vilochan Tiwary', 'Dr Anshuman']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21781 of 2019

======================================================

1.

Shankar Vastralay through its Proprietor Krishna Murari Kedia, situated at

Opposite Pankaj Market, New Market, Saraiyaganj, Muzaffarpur.

2.

Shankar Vastra Bhandar through its proprietor namely Sumitra Devi Kedia,

situated at Opposite Pankaj Market, New Market, Saraiyaganj, Muzaffarpur.

3.

Krishna Murari Kedia son of Late B.L. Kedia @ Kedia Banwari Lal resident

of Kedia Bhawan, Bank Road, Muzaffarpur.

4.

Sumitra Devi Kedia wife of Late B.L. Kedia @ Kedia Banwari Lal resident

of Kedia Bhawan, Bank Road, Muzaffarpur.

... ... Petitioner/s

Versus

1.

Employees State Insurance Corporation through the Regional Director, Re-

gional Office, Bihar, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna-

800001.

2.

The Deputy Director (Authorized Officer), Employees State Insurance Cor-

poration, Regional Office, Bihar, Panchdeep Bhawan, Jawahar Lal Nehru

Marg, Patna- 800001.

3.

The Deputy Director (Recovery Officer), Employees State Insurance Corpo-

ration, Regional Office, Bihar, Panchdeep Bhawan, Jawahar Lal Nehru

Marg, Patna- 800001.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr.Sourendra Pandey,Advocate

For the Respondent/s

:

Mr.Dr. Anshuman,Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

ORAL JUDGMENT

Date : 14-10-2022

This matter is heard via video conferencing.

In the instant petition, petitioner has prayed the follow-

ing reliefs:-

"(i) For quashing/setting aside the let-

ter (Form C-18) bearing no. P/4200-15377-

0000-1099/97201831 dated 07.09.2018 issued by

the Deputy Director, Employees State Insurance

Corporation, Regional Office, Bihar (Respondent

no.2) whereby and where under the respondent

no.2 without carrying out any quasi-judicial pro-

ceeding under Section 45A of the Employees

Patna High Court CWJC No.21781 of 2019 dt.14-10-2022

2/4

State Insurance Act, 1948 (hereinafter for brevity

referred to as the "ESI Act") and without passing

any order of assessment as statutorily required by

Sub-section (1) of Section 45A of "the ESI Act"

straight away demanded payment of alleged ESI

contribution dues to the tune of Rs.2,88,745/- for

the period 08/2004 to 06/2018 and directed the

petitioners to pay the same thereof failing which

the respondent no.2 threatened to coercievely re-

cover the same under Section 45C to 45I of "the

ESI Act" and,

(ii) For quashing/setting aside the let-

ter

(Form

C-19)

bearing

no.

42001537700001099/5720191027/407

dated

14.05.2019 issued by the Deputy Director (Au-

thorized Officer), Employees State Insurance

Corporation, Regional Office, Bihar, (Respon-

dent no.2) in favour of the Recovery Officer, Em-

ployees State Insurance Corporation, Patna (Re-

spondent no. 3) directing to recover the im-

pugned amount of Rs. 288745/- plus interest of

Rs 93846/-, totaling to Rs. 382591/- from the pe-

titioners and; the notice of demand bearing no.

42001537700001099/CP/189102

dated

28.05.2019 issued by the Deputy Director (Re-

covery Officer), Employees State Insurance Cor-

poration, Patna (Respondent no.3) to the peti-

tioners by which the respondent no.3 instituted

Certificate Case No. 7642 and directed the peti-

tioners to pay the impugned amount and,

(iii) For quashing/setting aside the pro-

hibitory order contained in letter bearing Refer-

ence No. P/R/42001537700001099/7642/RC/19

dated 09.07.2019 issued by the Deputy Director

(Recovery Officer), Employees State Insurance

Corporation, Regional Office, Bihar, (Respon-

dent no.3) to the Branch Manager, Punjab Na-

tional Bank, Pankaj Market Branch, Saraiyaganj,

Muzaffarpur by which the respondent no.3 at-

tached the Bank Account of the petitioners bear-

ing CA-A/c. No.3048002100018599 and

3048002100000040 directing the Bank to remit

the