Sai Rayalaseema Paper Mills Ltd., vs Employees State Insurance ...
2022 Latest Caselaw 5431 Tel

         THE HON'BLE SRI JUSTICE E.V.VENUGOPAL

                WRIT PETITION No.2247 of 2013

ORDER:

1 This writ petition is filed seeking to declare the action of

the 2nd respondent in issuing letters dated 25.09.2012 and

12.12.2012 to the petitioner company as illegal and arbitrary and

violative of Section 45-AA of the ESI Act, 1948 and consequently

direct the first respondent to consider the appeal dated

06.05.2011 filed by the petitioner against the order dated

27.01.2011 passed by the 2nd respondent on merits.

2 On 20.09.2022 when the matter was called, there was no

representation for the petitioner. Same was the situation on

28.09.2022 and 12.10.2022 also. Hence the matter was directed

to be listed under the caption 'for dismissal'. Yet again on

19.10.2022 also there was no representation for the petitioner.

3 Learned counsel for the respondent filed a memo stating

that the subject matter of the present writ petition is squarely

covered by the judgment of this Court in W.P.No.3183 of 2021

dated 25.08.2022 and produced a copy of the said order. In the

said writ petition this Court observed as under:

Section - 75 of the Act, 1948 deals with the matters to be decided by Employees' Insurance Court, and as per Sub-Section-75 (1) (g) any other matter which is in dispute between a principal employer and the Corporation, or between a principal employer and an immediate employer or between a person and the Corporation or between an employee and a principal or immediate employer, in

respect of any contribution or benefit or other dues payable or recoverable under this Act, or any other matter required to be or which may be decided by the Employees' Insurance Court under this Act, such question or dispute subject to the provisions of sub- section - 2A shall be decided by the Employees' Insurance Court in accordance with the provisions of this Act. In view of the same, the present matter squarely falls within the ambit of Section - 75 (1)

(g) of the Act, 1948.

The present writ petition is accordingly dismissed granting liberty to the petitioners herein to file an application under Section 75 (1)

(g) of the Act, 1948.

4 In the light of the above decision and also in view of the

fact that there is no representation for the petitioner

continuously on the dates mentioned supra though the matter is

being listed under the caption for dismissal, this writ petition is

dismissed. No order as to costs.

5 Miscellaneous petitions if any pending in this writ petition

shall stand closed.

______________________ E.V.VENUGOPAL, J.

Date:        -10-2022
Kvsn