High Court directed respondents to suspend ESI recovery proceedings pending consideration of the petitioner's objection, with a direction to pass appropriate orders within two months after hearing.
Recovery proceedings kept in abeyance until objection considered; direction to pass orders within two months after hearing the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
FRIDAY, THE 14TH DAY OF DECEMBER 2012/23RD AGRAHAYANA 1934
WP(C).No. 29285 of 2012 (I)
PETITIONER(S):
UNITY COMBINES, REP.BY C.A. ABBAS, MARGIN FREE MARKET, ROYAL PLAZA, BRIDGE ROAD, ALUVA.
BY ADV.SRI.G.SANTHOSH KUMAR (P).
RESPONDENT(S):
1. RECOVERY OFFICER, EMPLOYEES STATE INSURANCE CORPORATION, KALOOR, ERNAKULAM-17.
2. THE AUTHORISED OFFICER, EMPLOYEES STATE INSURANCE CORPORATION, KALOOR, ERNAKULAM-17.
3. THE DEPUTY DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, KALOOR, ERNAKULAM-17.
R1 RO R3 BY ADV.SMT.T.D.RAJALAKSHMY, SC, ESI CORPN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DG
WP(C).No. 29285 of 2012 (I)
APPENDIX
PETITIONER(S) EXHIBITS:
| EXT.P1: | COPY OF THE DEMAND NOTICE DATED 22-08-2012 ISSUED BY THE 1ST RESPONDENT. |
|---|---|
| EXT.P2: | COPY OF THE LETTER DATED 15-10-2012 ISSUED BY THE PETITIONER. |
| EXT.P3: | COPY OF THE LETTER DATED 07-11-2012 ISSUED BY THE 3RD RESPONDENT. |
| EXT.P4: | COPY OF THE OBJECTION DATED 22-11-2012 ISSUED BY THE PETITIONER. |
RESPONDENTS' EXHIBITS -
NIL
//TRUE COPY//
P.A TO JUDGE
DG
HARUN-UL-RASHID, J.
W.P.(C).No.29285 Of 2012
Dated this the 14th day of December, 2012.
J U D G M E N T
The writ petition is filed seeking to quash Ext.P1 recovery proceedings and for a direction directing the respondent to consider Ext.P4 objection of the petitioner and to re-fix the amount after affording an opportunity of being heard to the
petitioner.
learned standing counsel for the respondents.
::2::
W.P.(C).No.29285 Of 2012
The writ petition is disposed of as above.
HARUN-UL-RASHID, Judge.
bkn/-
1 issue framed by the court
Whether to grant direction to respondents to keep recovery proceedings in abeyance and consider the petitioner's objection afresh after hearing.
Unity Combines
Recovery Officer, Employees State Insurance Corporation, Kaloor
The Authorised Officer, Employees State Insurance Corporation, Kaloor
The Deputy Director, Employees State Insurance Corporation, Kaloor
Harun-ul-Rashid
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
