THE HON'BLE SRI JUSTICE E.V.VENUGOPAL
WRIT PETITION No.2247 of 2013
ORDER:
1 This writ petition is filed seeking to declare the action of the 2nd respondent in issuing letters dated 25.09.2012 and 12.12.2012 to the petitioner company as illegal and arbitrary and violative of Section 45-AA of the ESI Act, 1948 and consequently direct the first respondent to consider the appeal dated 06.05.2011 filed by the petitioner against the order dated 27.01.2011 passed by the 2nd respondent on merits. 2 On 20.09.2022 when the matter was called, there was no representation for the petitioner. Same was the situation on 28.09.2022 and 12.10.2022 also. Hence the matter was directed to be listed under the caption 'for dismissal'. Yet again on 19.10.2022 also there was no representation for the petitioner. 3 Learned counsel for the respondent filed a memo stating that the subject matter of the present writ petition is squarely covered by the judgment of this Court in W.P.No.3183 of 2021 dated 25.08.2022 and produced a copy of the said order. In the said writ petition this Court observed as under:
Section - 75 of the Act, 1948 deals with the matters to be decided by Employees' Insurance Court, and as per Sub-Section-75 (1) (g) any other matter which is in dispute between a principal employer and the Corporation, or between a principal employer and an immediate employer or between a person and the Corporation or between an employee and a principal or immediate employer, in 2 respect of any contribution or benefit or other dues payable or recoverable under this Act, or any other matter required to be or which may be decided by the Employees' Insurance Court under this Act, such question or dispute subject to the provisions of sub- section - 2A shall be decided by the Employees' Insurance Court in accordance with the provisions of this Act. In view of the same, the present matter squarely falls within the ambit of Section - 75 (1)
(g) of the Act, 1948.
The present writ petition is accordingly dismissed granting liberty to the petitioners herein to file an application under Section 75 (1)
(g) of the Act, 1948.
4 In the light of the above decision and also in view of the fact that there is no representation for the petitioner continuously on the dates mentioned supra though the matter is being listed under the caption for dismissal, this writ petition is dismissed. No order as to costs.
5 Miscellaneous petitions if any pending in this writ petition shall stand closed.
______________________ E.V.VENUGOPAL, J.
Date: -10-2022 Kvsn