Jharkhand High Court
M/S T.R.F. Ltd. vs The State Of Jharkhand Through The ... on 16 November, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 3915 of 2021
With
I.A. No. 10378 of 2022
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M/s T.R.F. Ltd., Jamshedpur, District- East Singhbhum through Arvind
Kumar, Assistant General Manager (PA & CS) ... ... Petitioner
Versus
The State of Jharkhand through the Principal Secretary, Department of
Labour, Employment and Training, Government of Jharkhand, Ranchi &
Ors. .... ... Respondents
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioner : Mr. Indrajit Sinha, Advocate
For the Resp.-State : Mrs. Surabhi, A.C. to A.A.G.-II
For the Resp.-ESIC : Mr. Ashutosh Anand, Advocate
Mr. Ashish Kumar Thakur, Advocate
Order No. 09 Dated: 16.11.2022
The present writ petition has been filed for quashing/setting aside the
order dated 23.03.2021 (Annexure-1 to the writ petition) passed by the
Secretary, Department of Labour, Employment, Training and Skill
Development, Government of Jharkhand (the respondent no. 2), a copy of
which has been communicated to the petitioner vide memo no. 438 dated
30.03.2021 whereby the petitioner's application filed for exemption under
Sections 87 & 88 read with Section 91-A of the Employees' State
Insurance Act, 1948 (in short, "the Act, 1948") for the calendar years
2018, 2019 and 2020 has been rejected. Further prayer has been made
for staying the enforcement and further actions pursuant to the order
dated 23.03.2021 passed by the respondent no. 2.
The petitioner has also filed I.A. No. 10378 of 2022 for staying the
operation/execution/implementation of Order No. 3889 dated 29.09.2022
issued by the Assistant Director, Authorized Officer (Ins. IV), Employees'
State Insurance Corporation (ESIC), Regional Office, Jharkhand, Ranchi to
the petitioner (Annexure-IA/1 to the present interlocutory application),
which relates to arrears of contribution payable by the employer in respect
of the employees for the period from September, 2017 to March, 2019,
whereby it has been directed to make payment of Rs.2,36,12,948/-
determined for the said period within 60 days from the date of the order,
failing which the same would be recovered under Section 45-B of the Act,
1948 as arrear of land revenue or under Section 45-C to 45-I of the said
Act.
Learned counsel for the petitioner submits that the order dated
29.09.2022 has been passed by the Assistant Director, Authorized Officer
(Ins. IV), ESIC, Regional Office, Jharkhand, Ranchi under Section 45-A of
the Act, 1948. However, the petitioner has primarily challenged the order
dated 23.03.2021 passed by the respondent no. 2 whereby its application
seeking exemption under Sections 87 & 88 read with Section 91A of the
Act, 1948 has been rejected. In fact, the order passed under Section 45-A
of the Act, 1948 is consequential in nature. It is further submitted that the
respondent no. 2 while passing the impugned order dated 23.03.2021 has
not considered the details of different benefits being granted by the
petitioner to its employees, rather the said order has been passed in a
cryptic manner also ignoring that as per proviso to Section 87 of the Act,
1948, exemptions may be granted if benefits being given to the employees
by the concerned factories or the establishments are otherwise
substantially similar or superior to the benefits provided under the Act,
1948. It is also submitted that the impugned order dated 23.03.2021
passed by the respondent no. 2 is for the calendar years 2018, 2019 and
2020 for which the required benefits have already been extended by the
petitioner to its employees. The said benefits cannot now be given to
them retrospectively. In support of the said contention, reliance has been
placed on a judgment rendered by the Hon'ble Supreme Court in the case
of Employees' State Insurance Corporation Vs. Distilleries &
Chemical Mazdoor Union and Others reported in (2006) 6 SCC 604.
It is further submitted that in the calendar year 2015 and 2016, the
petitioner provided similar benefits to its employees and it was granted
exemption. Since the order passed under Section 45-A of the Act, 1948 is
consequential to the rejection of the petitioner's application seeking
exemption under Sections 87 & 88 read with Section 91-A of the Act,
1948, the same may be stayed during pendency of the writ petition.
Mr. Ashish Kumar Thakur, A.C. to Mr. Ashutosh Anand, learned
counsel appearing on behalf of the respondent-ESIC, submits that the
order dated 29.09.2022 passed by the Assistant Director, Authorized
Officer (Ins. IV), ESIC, Regional Office, Jharkhand, Ranchi under Section
45-A of the Act, 1948 is appealable in nature, hence the present writ
petition is not maintainable.
Having heard learned counsel for the parties and on prima facie
consideration of the issue involved in the present writ petition, the order
dated 29.09.2022 passed by the Assistant Director, Authorized Officer (Ins.
IV), ESIC, Regional Office, Jharkhand, Ranchi is hereby stayed till further
order.
I.A. No. 10378 of 2022 stands disposed of.
It appears that pleading in this case is complete. Hence, put up this
case under the heading "For Admission" in the week commencing from 9th
January, 2023.
(Rajesh Shankar, J.)
Ritesh/
