Petitioner challenged a recovery order under Article 226, alleging breach of contract due to lack of prior notice for EPF/ESI recovery. The Court held that breach of contract is a common law matter.
Liberty granted to apply for common law remedy; writ petition dismissed.
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Court No. - 1
Case :- WRIT - C No. - 25939 of 2019
Petitioner :- M/S Hindustan Security Company And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sunil Kumar Misra Counsel for Respondent :- C.S.C.,A.S.G.I.,Nagendra Nath Mishra,Sanjay Kumar Tripathi
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri S.K.Misra, learned counsel for the petitioners, Sri Prashant Shukla holding brief of Sri Nagendra Nath Mishra, learned counsel appearing for respondent no.4 and learned Standing Counsel and perused the record.
By means of this writ petition under Article 226 of the Constitution of India the petitioner has challenged the impugned order/decision note sheet dated 4.7.2019 of recovery passed by the respondent-Municipal Corporation (Nagar Nigam), Moradabad. According to him, a note has been appended that for the coming months of September, October and November the amount of EPF and ESI be directed to be recovered, without prior notice to the petitioner.
Learned counsel for the petitioner submits that it is a gross breach of contract entered between the petitioner and Municipal Nagar Nigam wherein certain conditions were provided to the employees of EPF and ESI.
In our considered opinion,if there is any breach of contract entered into between the petitioner and respondent Nagar Nigam, the proper course open for the petitioner to approach for a common law remedy.
Accordingly, granting liberty to the petitioner to apply for common law remedy, we dismiss this writ petition.
(Ajit Kumar,J.) (Ramesh Sinha, J.) Order Date :- 6.8.2019/NS
1 issue framed by the court
Whether a writ petition under Article 226 can be maintained for challenging a recovery decision note regarding EPF and ESI in the absence of prior notice.
1 provisions across 1 enactments
M/S Hindustan Security Company And Another
State Of U.P.
Ramesh Sinha
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
