P. T. C. Industries Ltd. Lko. Thru. ... vs Addl. Commissioner Regional ...
2022 Latest Caselaw 4808 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- WRIT - C No. - 3248 of 2022
 

 
Petitioner :- P. T. C. Industries Ltd. Lko. Thru. Managing Director
 
Respondent :- Addl. Commissioner Regional Director And Appellete Authority Kanpur And Another
 
Counsel for Petitioner :- Suresh Chandra Mishra
 
Counsel for Respondent :- Pankaj Kumar Tiwari
 

 
Hon'ble Vivek Chaudhary,J.

By the present writ petition, petitioner has approached this Court claiming that initially, proceedings under Section 45A (1) of Employee State Insurance Act, 1948 were decided against him and, therefore, he was required to deposit certain amount by filing appeal. The said appeal was rejected. In Writ Petition No.13037 (M/S) of 2020 (M/s. P.T.C. Industries Ltd.. Vs. Addl. Commissioner (Upper Ayukta) Regional Director & another.) was allowed by judgment dated 11.11.2020 and the entire matter was remanded back for re-decision after setting aside the orders. Therefore, there is no demand against the petitioner. Despite the such being the position, an amount of Rs.24,48,050/- is still with the respondent department and the same is not being returned.

Learned counsel on instructions states that proceedings under Section 45A (1) are still pending and no assessment is yet made against the petitioner.

In view thereof, the respondent No.2 is directed to consider the application of petitioner to return the said amount within four weeks from the date a certified copy of this order is placed before him and in case, there is no order fixing liability against the petitioner, the amount aforesaid shall be refunded to petitioner in accordance with law.

With the aforesaid, the writ petition is disposed of.

Order Date :- 31.5.2022

Rajneesh JR-PS)

(Vivek Chaudhary, J.)