Paresh Ch.Mandal vs Dy.Dir.(Rev)Esic
2013 Latest Caselaw 3698 Del

                                      W.P.(C) No.17717 of 2013

04.   22.08.2013                Heard learned counsel for the parties.

                                This writ petition has been filed challenging the order
                   dated 24.05.2013, passed by the Deputy Director (Revenue),
                   Employees' State   Insurance Corporation, Odisha, Bhubaneswar,
                   directing the petitioner to pay the contribution amount of
                   Rs.2,93,865/- for the period from 04/2008 to 09/2012, as the
                   proprietor of M/s. Konark Stone Crusher.

                                Learned counsel for the petitioner submits that he is
                   not the Principal Employer or the Proprietor of M/s. Konark Stone
                   Crusher and he is merely an employee of that unit. It is stated
                   that merely because the petitioner received the communications
                   sent to the address of M/s. Konark Stone Crusher, the same
                   cannot be the basis to determine that the petitioner is the
                   Principal Employer. It is further submitted that the impugned
                   order has been passed ex parte without affording any opportunity
                   of hearing to the petitioner, inasmuch as, the letter dated
                   07.02.2013 had not been received by him.

                                Learned counsel appearing for the E.S.I. Corporation
                   with reference to the counter affidavit submits that as all the
                   communications sent in the name of the Proprietor of M/s. Konark
                   Stone Crusher has been duly received by the petitioner and he
                   has also signed the Inspection Report as the Proprietor, it is not
                   open for him to take the plea now that he is not the Proprietor of
                   M/s. Konark Stone Crusher, in order to avoid the statutory
                   liability.

                                Without going into the merits of the contentions
                   raised by the parties and keeping in view the fact that the
                   impugned order dated 24.05.2013 has been passed ex parte and

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       in order to provide another opportunity to the petitioner, the
      same is set aside and the matter is remitted back to the Deputy
      Director (Revenue), Employees' State Insurance Corporation,
      Odisha, Bhubaneswar, opposite party, to consider the same
      afresh after giving opportunity of hearing to the petitioner.

                   The petitioner shall appear before the said authority
      on 05.09.2013 along with all documents to establish that he is not
      the Proprietor of M/s. Konark Stone Crusher, which shall be
      considered by the authority on its own merit and in accordance
      with law.

                   The entire proceeding shall be completed within a
      period of four weeks from the date of appearance of the petitioner
      before the concerned authority.

                   Writ petition is accordingly disposed of.

                   Issue urgent certified copy as per rules.

                                                     .............................
                                                      S.C. Parija, J.

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