Esi Regional Corporation (Tamil ... vs Our Lady Of Fatima Nursery And ...
2023 Latest Caselaw 1226 Mad

                                                                          W.A.No.1141 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 Dated: 31.01.2023

                                                      Coram:

                          THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
                                             and
                     THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

                                            Writ Appeal No.1141 of 2021
                                                        ---

                     1. ESI Regional Corporation (Tamil Nadu),
                        Represented by its Regional Director,
                        143, Sterling Road, Chennai-600 034.

                     2. Employees' State Insurance Corporation,
                        Represented by its Deputy Director,
                        1897, Trichy Road, Panchdeep Complex,
                        Ramanathapuram, Coimbatore-641 045.

                     3. The Recovery Officer,
                        1897, Trichy Road, Panchdeep Complex,
                        Ramanathapuram, Coimbatore-641 045.
                                                                               .. Appellants


                                                        Vs.

                     Our Lady of Fatima Nursery and Primary School,
                     Represented by its Correspondent,
                     1252, Big Bazar Street,
                     Coimbatore-641 0901.                                      .. Respondent



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                                                                                      W.A.No.1141 of 2021


                                  Writ Appeal filed under Clause 15 of the Letters Patent, against the
                     order dated 21.12.2020 passed by the learned Single Judge, in
                     W.P.No.18890 of 2020, on the file of this Court.


                                  Writ Petition No.18890 of 2020 filed under Article 226 of the
                     Constitution of India, praying for issuance of a Writ of Certiorarified
                     Mandamus to call for the records pertaining to the impugned proceedings,
                     dated 03.08.2020 in No.56001110990001301/Ins.IV/Cbe, on the file of the
                     second respondent and the consequential proceedings dated 22.10.2020 in
                     Ref.No.56001110990001301/CP/390026, on the file of the third respondent
                     and quash the same, directing the respondents to consider the waiver of the
                     arrears of contribution, interest and damages, as directed by the Hon'ble Full
                     Bench of the High Court, by order dated 29.07.2020 and made in the batch
                     of W.P.No.34246 of 2019.


                     For appellants : Mr.R.Sankara Narayanan,
                                           Addl. Solicitor General of India (South)
                                           for Mr.G.Bharadwaj


                     For respondent : M/s.A.Arul Mary




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                                                                                W.A.No.1141 of 2021




                                                      JUDGMENT

When the Writ Appeal is taken up for hearing, Mr.R.Sankara

Narayanan, learned Additional Solicitor General of India (South), submitted

that identical issue has already been answered by this Court in Writ Appeal

No.1526 of 2021 by judgment dated 20.01.2023, in which, the issue with

regard to payment of interest and damages, which is pending in separate

proceedings, was left open therein. In view of the said submission made by

the learned Solicitor General and in the light of the judgment rendered by

this Court in the said W.A.No.1526 of 2021, we close this Writ Appeal with

an observation that as the issue with regard to payment of interest and

damages, is pending in separate proceedings, the same is not answered in

the present appeal. There shall be no order as to costs.

(S.V.N., J) (J.S.N.P.,J) 31.01.2023

cs

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To

1. ESI Regional Corporation (Tamil Nadu), Represented by its Regional Director, 143, Sterling Road, Chennai-600 034.

2. Employees' State Insurance Corporation, Represented by its Deputy Director, 1897, Trichy Road, Panchdeep Complex, Ramanathapuram, Coimbatore-641 045.

3. The Recovery Officer, 1897, Trichy Road, Panchdeep Complex, Ramanathapuram, Coimbatore-641 045.

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S.VAIDYANATHAN, J

and

J.SATHYA NARAYANA PRASAD, J

cs

W.A.No.1141 of 2021

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31.01.2023

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