M/S. Hotel Sagar vs Dy. Director
2023 Latest Caselaw 459 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P.(C) No.14216 of 2022
                           (Through hybrid mode)

        M/s. Hotel Sagar, Cuttack              ....            Petitioner

                                     Mr. Sarat Kumar Behera, Advocate
                                    -versus-

        Dy. Director, ESI Corporation,         ....       Opposite Party
        BBSR
                                               Mr. A.P. Ray, Advocate



                  CORAM: JUSTICE ARINDAM SINHA
                                   ORDER

Order                             12.01.2023
No.
  4.    1.      Mr. Behera, learned advocate appears on behalf of petitioner.

2. Mr. Ray, learned advocate appears on behalf of the corporation

and submits, his client has made application for vacating interim order.

He submits, interim order was made on reason that order under section

45-A in Employees State Insurance Act, 1948 had not been made. He

demonstrates from pages 45 and 43 (in that order) in the writ petition

that order dated 15th November, 1993 was made under section 45-A.

3. Paragraph-3 in order dated 27th October, 2022 is the interim

direction. The paragraph is reproduced below.

"3.Materials on record do not disclose order of determination of dues. Court is satisfied that petitioner has a prima facie case. There will be stay of operation of

// 2 //

impugned judgment till next date."

Prima facie case of petitioner was on perceived omission of the

corporation to have made determination of the dues. It now appears,

the determination was made by order dated 15th November, 1993

under section 45-A.

4. The interim direction is vacated, the application is allowed and

disposed of.

5. The corporation will file counter by 27th January, 2023.

Petitioner may file rejoinder, to be accepted on adjourned date upon

advance copy served.

6. List on 3rd February, 2023.

(Arindam Sinha) Judge Sks