Employees' State Insurance Corporation & Anr. v. M/S Ahuja Builders
Case brief
What is this about?
ESIC & Anr. v. M/s. Ahuja Builders, C.O. 3873 of 2018 — disposed of (Judge: Ajoy Kumar Mukherjee). Article 227 review upheld the impugned Employees’ Insurance Court order (Tender Case No. 16 of 2017, heard 18.09.2018): notices sent to a different/wrong address; natural justice required a proper hearing before ascertainment of contribution under S.45A ESI Act. Return of the recovered amount (Rs. 3,61,656/- plus interest, sought via Corporation order dated 17.02.2017) set aside; deposited amount with accrued interest to abide the final decision; proceeding to be concluded preferably within 4 months. Statutes: S.40, S.75(I)(g), S.75(2B), S.45(AA), S.45A ESI Act 1948; Art. 227 Constitution. No precedent cases cited.
What did the court decide?
C.O. 3873 of 2018 disposed of: the impugned Employees’ Insurance Court order was left undisturbed (no Article 227 interference, no impropriety or perversity found); only the Court below’s direction to return the recovered amount was set aside; the deposited amount with accrued interest is to abide by the ultimate decision; the Court below is to conclude the proceeding preferably within four months.