Partly allowed

T P Usman Koya Haji v. the Employees State Insurance Corporation

Kerala HC13 Jun 2019WP(C)/16031/2019

Case brief

AI extract

What is this about?

This writ petitioner challenged ESI demand notices. The Court, without examining the merits, directed the petitioner to deposit Rs.1,50,000/- within one week to reply to the notices and facilitate reconciliation. Failure to deposit would disentitle the petitioner from receiving a reply or audience.

What did the court decide?

Petitioner given one week to deposit Rs.1,50,000/- to reply to notices; otherwise, authorities not obliged to receive reply or audience.

T P Usman Koya Haji Vs the Employees State… — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE S.V.BHATTI

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THURSDAY, THE 13TH DAY OF JUNE 2019 / 23RD JYAISHTA, 1941

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WP(C).No. 16031 of 2019

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PETITIONER:

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T P USMAN KOYA HAJI AGED 67 YEARS S/O.MOIDEEN KOYA, RAILWAY PARCEL HANDLING CONTRACTOR, C/O. PARCLE OFFICE, SOUTHERN ERNAKULAM,JUNCTION, ERNAKULAM,RESIDING AT JAS MAHAL, 1/4841,EAST NADAKAVU, KOZHIKODE DISTRICT-11

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BY ADVS. SRI.K.MOHANAKANNAN SMT.T.V.NEEMA

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RESPONDENTS:

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1 THE EMPLOYEES STATE INSURANCE CORPORATION REPRESENTED BY ITS DIRECTOR GENERAL, PACHADEEP BHAVAN, COMARADE INDRAJIT GOPTA(CIG) MARG, NEW DELHI-110002

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2 REGIONAL DIRECTOR, EMPLOYEES STATE INSURANCE CORPORATION, REGIONAL OFFICE, PANCHADEEP BHAVAN, SWARAJ ROUND, THRISSUR-680020

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3 THE DEPUTY DIRECTOR, SUB REGIONAL OFFICE, THE EMPLOYEES STATE INSURANCE CORPORATION,MALUS COMPLEX, ST.FRANCIS CHURCH ROAD, KALOOR, ERNAKULAM-682 017

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4 THE DIVISIONAL MANAGER, COMMERCIAL BRANCH, DIVISIONAL OFFICE, SOUTHERN RAILWAY, THYCAUD, THIRUVANANTHAPURAM-695 001

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WP(C).No. 16031 of 2019

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-2-

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5 THE SOCIAL SECURITY OFFICER, ESI CORPORATION, SUB REGIONAL OFFICE, ERNAKULAM-682 017

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BY ADVS. SRI.P.SANKARANKUTTY NAIR SRI.P.K.RAMKUMAR, SC, RAILWAYS

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SC ESI SRI. P. SANKARANKUTTY NAIR., SC RAILWAYS., SRI. P.K. RAMKUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 16031 of 2019

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JUDGMENT

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Heard Sri. K. Mohanakannan, the counsel for

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the petitioner and Sri. P.K Ramkumar, the learned Standing Counsel for Railways.

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The petitioner challenges Exts. P5 to P7

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issued by the 5^th respondents. This Court is not persuaded to examine the merits canvassed by the petitioner against the notices impugned in the writ petition. The ends of justice and fair play are satisfied, the petitioner, is given one week time from today to reply to the notices in Exts. P5 to P7 by enclosing a copy of this order deposits Rs.1,50,000/-(One and half lakh rupees) within one week from today. Thereafter, the 5^th respondent considers necessity of reconciliation

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of the account and passes an order and communicates the order to petitioner within one week thereafter. In other words the entire exercise is completed within two weeks from

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WP(C).No. 16031 of 2019

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-4-

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today.

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The learned Standing Counsel appearing

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for 5^th respondent is given liberty to communicate the order. The petitioner if does not deposit Rs. 1,50,000/- (One and half lakhs rupees)within one week as permitted by this Court, the authorities are not under the obligation to receive reply or audience to the petitioner.

SD/-

S.V.BHATTI

JUDGE

WP(C).No. 16031 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF LETTER DATED 16/11/2015 OF THE 2ND RESPONDENT

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EXHIBIT P2 TRUE COPY OF THE ONLINE CHALLAN RECEIPTS OF ESI CORPORATION

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EXHIBIT P3 TRUE COPY OF THE LETTER DATED 27.06.2018 ISSUED BY THE PETITIONER TO THE RESPONDENT

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EXHIBIT P4 TRUE COPY OF THE RECEIPTS ISSUED BY THE CORPORATION

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EXHIBIT P5 TRUE COPY OF THE LETTER NO.4754-22943002-999/880-EKM DATED 14/6/2018

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EXHIBIT P6 TRUE COPY OF THE DEMAND NOTICES DATED 25/3/2019 ISSUED BY THE RESPONDENT CORPORATION

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EXHIBIT P7 TRUE COPY OF THE NOTICE NO.47000606560001099/RECOVERY DATED 25/03/2019 ISSUED BY THE RESPONDENT CORPORATION

T P Usman Koya Haji v. the Employees State Insurance Corporation

Case brief

What is this about?

What did the court decide?

T P Usman Koya Haji v. the Employees State Insurance Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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