Madras High Court
Mogul Educational And Charitable ... vs The Regional Director on 6 October, 2021
W.P(MD)No.17480 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.10.2021
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P(MD)No.17480 of 2021
and
W.M.P.(MD).Nos.14342 and 14343 of 2021
Mogul Educational and Charitable Trust
Represented by its Chairman
Mr. Mohamed Eakieem,
S/o. M. Paharudeen,
357C, Opp Naidu Hospital,
Railway Station Road,
Kottar, Nagercoil – 629 002.
... Petitioner
Vs.
1. The Regional Director,
Employees State Insurance Corporation Regional Office,
143, Sterling Road, Nangambakkam,
Chennai – 600 034.
2. The Assistant Director,
Employees' State Insurance Corporation,
Panchdeep Bhavan, ESIC Complex, Salai Street,
Vannarapettai,
Tirunelveli – 627003
3. The Recovery Officer,
Employees' State Insurance Corporation,
Panchdeep Bhavan, ESIC Complex, Salai Street,
Vannarapettai,
Tirunelveli – 627003.
4. The Branch Manager,
Indian Bank,
Chembagaramanpudur Branch,
Main Road, Chembagaramanpudur,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis/
... Respondents
1/6
W.P(MD)No.17480 of 2021
Prayer : Writ Petition filed under Article 226 of the Constitution of India, for
the issuance of Writ of Certiorarified Mandamus, calling for the records of the
impugned garnishee order in No.66-00-040453-000-1399/RRC/SRO/TLI dated
14.12.2020 and signed by the third respondent on 16.12.2020, quash the same
and consequently directing the respondents to consider the representation of the
petitioner dated 05.08.2021 seeking waiver as strongly recommended by the
Hon'ble Full Bench of this Court directing the ESI Authorities to invoke
Section 91 C of the Act for giving waiver to the private institutions in so far as
the arrears of ESI Contribution is concerned.
For Petitioner : Mr. RM. Arun Swaminathan
For Respondents : Mr. N. Dilip Kumar
Standing Cousel
for R1 to R3
R4- No appearance
ORDER
This Writ Petition is filed for the issuance of a Writ of Certiorarified
Mandamus, calling for the records of the impugned garnishee order in No.
66-00-040453-000-1399/RRC/SRO/TLI dated 14.12.2020 and signed by
the third respondent on 16.12.2020, quash the same and consequently
directing the respondents to consider the representation of the petitioner
dated 05.08.2021 seeking waiver as strongly recommended by the
Hon'ble Full Bench of this Court directing the ESI Authorities to invoke
Section 91 C of the Act for giving waiver to the private institutions in so
far as the arrears of ESI Contribution is concerned.
2. According to the petitioner, the respondent has passed the
impugned garnishee order as against the petitioner institution without
giving an
https://www.mhc.tn.gov.in/judis/ opportunity of being heard. The petitioner has filed the writ
W.P(MD)No.17480 of 2021
petition challenging the said garnishee order in view of the judgment of
the Hon'ble Full Bench of this Court directing the ESI Authorities to invoke
Section 91 C of the Act for giving waiver to the private institutions in so
far as the arrears of ESI Contribution is concerned.
3. According to the petitioner, the impugned order has been passed
on 14.12.2020 under Section 45-G of the Employees State Insurance Act
and certificate to the Recovery Officer has been issued under Section 45 C
of the Employees State Insurance Act, 1948. According to the petitioner,
no notice has been issued to the petitioner. The petitioner was asked to
receive the impugned garnishee order passed by the recovery officer on
14.12.2020 whereby the recovery officer under Section 45-G of the
Employees State Insurance Act, 1948 has passed attachment order as
against the Garnishee Bank and challenging the said order, the present
Writ Petition has been filed.
4. The learned counsel for the petitioner raised the ground that the
respondent has passed the impugned order, in violation of the principles
of natural justice.
5. The learned counsel for the respondents on instructions would
submit that the writ petitioner had made a request to the respondent that
they are ready to settle the amount, however they sought for three
https://www.mhc.tn.gov.in/judis/
months time for the payment of the interest portion and without
W.P(MD)No.17480 of 2021
disclosing this fact, the present writ petition has now been filed,
challenging the impugned order before this court.
6. The learned counsel for the petitioner, after discussing with the
petitioner, has made a request before the Court seeking permission to
settle the entire determined amount under section 45-G of the ESI Act in
12 equal monthly incitements.
7. The learned counsel for the respondent, though has agreed for
payment on installments, opposed for the grant of 12 months time.
8. However, taking into consideration the pandemic situation and
the request of the petitioner being reasonable, this Court is inclined to
pass the order as follows:
i) the petitioner shall pay the entire determined amount as claimed
by the respondent under Section 45 G of the ESI Act in 12 equal monthly
installments to the third respondent.
ii) Every installment shall be paid on or before the 10 th of every
succeeding month.
iii) the first installment shall commence from 1st November, 2021
iv) if any default in payment of the installment amount is made,
liberty is granted to the respondent to proceed in accordance with law
https://www.mhc.tn.gov.in/judis/
v) During the above period, the impugned order passed by the third
W.P(MD)No.17480 of 2021
respondent shall be kept in abeyance.
9. With the above directions, the Writ Petition is disposed of. No
costs. Consequently, connected Miscellaneous Petition is closed.
06.10.2021
Index : Yes / No
Internet : Yes/ No
mnr
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1. The Regional Director,
Employees State Insurance Corporation Regional Office,
143, Sterling Road, Nangambakkam,
Chennai – 600 034.
2. The Assistant Director,
Employees' State Insurance Corporation,
Panchdeep Bhavan, ESIC Complex, Salai Street,
Vannarapettai,
Tirunelveli – 627003
3. The Recovery Officer,
Employees' State Insurance Corporation,
Panchdeep Bhavan, ESIC Complex, Salai Street,
Vannarapettai,
Tirunelveli – 627003.
4. The Branch Manager,
Indian Bank,
Chembagaramanpudur Branch,
Main Road, Chembagaramanpudur,
https://www.mhc.tn.gov.in/judis/
Kanyakumari District.
W.P(MD)No.17480 of 2021
D.KRISHNAKUMAR, J.
mnr
W.P(MD)No.17480 of 2021
and
W.M.P.(MD).Nos.14342 and 14343 of 2021
06.10.2021
https://www.mhc.tn.gov.in/judis/
