National Aluminium Company Ltd vs Employees' State Insurance
2023 Latest Caselaw 988 Ori

  IN THE HIGH COURT OF ORISSA AT CUTTACK

                    WP(C) No.15994 of 2016

                     (Through Hybrid mode)

National Aluminium Company Ltd.                  ....                 Petitioner

                                  -Versus-
Employees' State Insurance                       ....        Opposite Parties
Corporation and others

       For Petitioner             : Ms. Pami Rath, Advocate

       For Opposite Parties : Mr. Bibhudhendra Dash, Advocate


         CORAM: JUSTICE ARINDAM SINHA

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Date of hearing and judgment: 30.01.2023

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1. Petitioner is a Government company. Employees' State Insurance Corporation raised demand for payment of contribution. Petitioner disputed the demand in the insurance Court. It was required, for maintaining its dispute, to make pre- deposit of 50% of the amount due as demanded by the Corporation. It applied for waiver of the pre-condition. By impugned order dated 30th July, 2016, the application for waiver was rejected. Petitioner has challenged said order.

2. Controversy between parties regarding requirement of pre-deposit has been decided by judgment of this day in WP(C) no.20399 of 2016 (National Aluminium Company

Ltd. v. Employees' State Insurance Corporation and others). As such, the writ petition stands covered thereby.

3. Impugned order dated 30th July, 2016 is set aside and quashed. The application for waiver of pre-deposit is restored to the insurance Court, to be dealt with afresh, expeditiously.

4. The writ petition is allowed and disposed of.

(Arindam Sinha) Judge

R.K.Sethi