Corporation Ltd . & Anr vs State Of West Bengal & Ors
2022 Latest Caselaw 2700 Cal/2

O-23

                                 WPO/399/2019

                      IN THE HIGH COURT AT CALCUTTA
                     Constitutional Writ Jurisdiction
                               ORIGINAL SIDE


                                       WEST BENGAL TRANSPORT
                                       CORPORATION LTD . & ANR.

                                                  -Versus-

                                       STATE OF WEST BENGAL & ORS.

                                                                   Appearance:
                                                     Mr. Soumya Majumdar, Adv.
                                               Mr. Niladri Bhattacharjee, Adv.
                                                   Mr. Aditya Chaturdevi, Adv.
                                                        ...for the petitioner.


    BEFORE:
    The Hon'ble JUSTICE ANIRUDDHA ROY

    Date : 9th November, 2022.

         The    Court:     Mr.     Soumya   Majumdar,      learned     Advocate

appears for the writ petitioner.

         None appears for the respondents nor any accommodation

has been sought for.

The recovery notice dated February 19, 2019 being

Annexure-P/1 to the writ petition is impugned herein. Mr.

Majumdar, learned Advocate for the petitioner contended that by

virtue of operation of a State decision dated August 20, 1996

issued by the Transport Department of the State, writ

petitioner was kept outside the scope of the application of the

Employees State Insurance Act, 1948. Hence, this recovery

notice was issued illegally and wholly without jurisdiction.

Mr. Majumdar submits that on an identical issue a

previous writ petition was filed by M/s. Calcutta Tramways Co.

being WPO/508/2011 when a coordinate Bench by its judgment

dated December 10, 2020 decided the issue in favour of the writ

petitioner holding that the ESI Act, will not apply in the case

of the said writ petitioner namely, Calcutta Tramways Co. Mr.

Majumdar submits that the ESI department did not challenge the

said decision dated August 20, 1996 issued by the Transport

Department nor did it challenge the said judgment of the

Coordinate Bench dated December 10, 2020, hence the ESI

authority cannot contend anything to the contrary at this

stage. He submitted that in the light of the above, the said

recovery notice and/or the proceedings needs to be quashed.

Be that as it may, since the ESI authority is not

represented, this Court, considering the issues involved in

this writ petition, is of the firm view that another notice may

be served upon the ESI authority intimating the next date of

hearing along with a copy of this order.

It is made clear that in the event the ESI authority

choose not to be represented on the adjourned date, the writ

petition may be proceeded in its absence.

The writ petition shall appear under the heading 'for

orders' on November 23, 2022 for further consideration and

appropriate order.

(ANIRUDDHA ROY, J.)

A/s.