M/S. Bharat Sanchar Nigam Limited ... vs Employees State Insurance ...
2023 Latest Caselaw 634 Cal/2

                                                                               OD-1
                             WPO/268/2023
                    IN THE HIGH COURT AT CALCUTTA
                      Constitutional Writ Jurisdiction
                             ORIGINAL SIDE

          M/S. BHARAT SANCHAR NIGAM LIMITED AND ANR.
                            VERSUS
        EMPLOYEES STATE INSURANCE CORPORATION AND ORS.

BEFORE
The Hon'ble Justice RAJA BASU CHOWDHURY
Date: 13TH MARCH, 2023
                                                                     APPEARANCE
                                                    Mr. Santanu Chatterjee, Advocate
                                                                 ....for the petitioners
                                                   Mr. Shiv Chandra Prasad, Advocate
                                                                       ...for the ESIC




       The court: The present writ application has been filed, inter alia,

challenging an order dated 6th September, 2022 passed under Section 45G

of the Employees' State Insurance Act, 1948 (hereinafter referred to as the

said Act).

       It is submitted on behalf of the petitioners that despite the petitioners

preferring an appeal under Section 45AA of the said Act, the ESI authorities

have not disposed of the same. On the contrary, the respondents are

attempting to enforce a garnishee order dated 6th September, 2022 issued

under Section 45G of the said Act.

Mr. Chatterjee, learned Advocate appearing for the petitioners

submits that till date, the petitioners have not received any communication

with regard to the fate of the aforesaid appeal.

Mr. Prasad, learned Advocate appearing for the respondents submits

that since the petitioners had not made the pre-deposit, as required under

Section 45AA of the said Act, in respect of determination made under

Section 45A of the said Act, the petitioners' appeal has not been disposed of.

By drawing attention of this Court to pages 73 and 80 of the writ

application, he says approximately a sum of Rs.39 lakh and odd has been

determined towards the contributions payable by the petitioners under

Section 45A of the said Act.

Having heard learned Advocates for the respective parties and after

perusal of the records, I am of the view that the present writ petition can be

disposed of by directing the petitioners to comply with the provisions as

regards the pre-deposit, as is required to be made while filing an appeal

under Section 45AA of the said Act. If the pre-deposit of 25% of the amount

of Rs.39 lakh, in respect of order passed under Section 45A of the said Act,

is made by the petitioners within a period of four weeks from date, the

appellate authority shall hear out and dispose of the petitioners' appeal,

under Section 45AA of the said Act, on merits after giving an opportunity of

hearing to the petitioners. Till disposal of the aforesaid appeal, the

notice/garnishee order dated 6th September, 2022, issued under Section

45G of the said Act shall remain stayed. In the event the petitioners do not

deposit the pre-deposit amount as directed hereinabove, the order of stay

shall stand automatically vacated and respondents shall be at liberty to

proceed against the petitioners in accordance with law.

With the aforesaid observations, the writ application being WPO 268

of 2023 stands disposed of.

There shall be no order as to costs.

Urgent certified copy of this order and judgment, if applied for, be

given to the appearing parties as expeditiously as possible upon compliance

with all necessary formalities.

(RAJA BASU CHOWDHURY, J.)

akg/