M/S Akshay Sahakari Pat Sanstha Maryadit, through Manager Shailendra B. Kautkar v. the Employees State Insurance Corporation Nagpur,through Director

Bombay HC26 Mar 2024WP/7783/2019

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay Nagpur Bench permitted the petitioner to withdraw the writ petition challenging a show cause notice, granting liberty to file afresh. The court also directed the respondent to decide a pending application filed by the petitioner.

What did the court decide?

Permission to withdraw the writ petition with liberty to file afresh; direction to the Director, ESIC to decide the pending application dated 30.10.2019 filed by the petitioner.

M/S Akshay Sahakari Pat Sanstha Maryadit, through… — Service and Employment | Bombay HC (2024)

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2024:BHC-NAG:3612-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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WRIT PETITION NO.7783 OF 2019

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M/S AKSHAY SAHAKARI PAT SANSTHA MARYADIT, THROUGH MANAGER SHAILENDRA B. KAUTKAR

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THE EMPLOYEES STATE INSURANCE CORPORATION NAGPUR, THROUGH DIRECTOR

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Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Shri B.M. Kharkate, Advocate for the Petitioner/s

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CORAM : ANIL S. KILOR AND SMT. M.S. JAWALKAR, JJ. DATE : 26.03.2024

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Heard.

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In the present writ petition, a challenge is raised to the show cause notice dated 09.10.2019 issued by the Assistant Director, Sub-Regional Office, Employees’ State Corporation SRONagpur.

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The learned counsel for the petitioner submits that reply to the show cause notice has already been filed and because of the pendency of this writ petition, no order has been passed.

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It is also pointed out that the application for dropping the applicant from the proposal of implementation and registration of employee of the factories & establishment under section 1(3)/ 1(5) of the Employees’ State Insurance Act, 1948 as per the show cause notice dated 09.10.2019, pending since 30.10.2019 with the Director of Employee State Insurance Corporation, Nagpur. Even the said representation is not yet decided.

nd.thawre

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On showing disinclination to entertain the present writ petition against the show cause notice, for the reason that the petitioner has a liberty to raise all the grounds, which are raised in the present writ petition, before the Assistant Director by way of the reply and if any adverse order is passed, the petitioner has every rights to challenge the said order, the learned counsel for the petitioner, upon instructions, seeks permission to withdraw the present writ petition with liberty to file a petition, if such occasion arises.

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He further prays for direction to the Director, Employees’ State Insurance Corporation/respondent to decide the application dated 30.10.2019 filed under Section 45(A) of the Employees’ State Insurance Act, 1948.

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In the above referred backdrop, the petitioner is permitted to withdraw the present writ petition with liberty to file afresh, if such occasion arises.

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The respondent is directed to decide the above referred application, filed by the petitioner on 30.10.2019, at the earliest.

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The writ petition is disposed of as withdrawn.

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[SMT. M.S. JAWALKAR, J.] [ANIL S. KILOR, J.]

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nd.thawre

M/S Akshay Sahakari Pat Sanstha Maryadit, through Manager Shailendra B. Kautkar v. the Employees State Insurance Corporation Nagpur,through Director

Case brief

What is this about?

What did the court decide?

M/S Akshay Sahakari Pat Sanstha Maryadit, through Manager Shailendra B. Kautkar v. the Employees State Insurance Corporation Nagpur,through Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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