Disposed

Rr Matric School, v. State of Tamil Nadu

Madras HC5 Feb 2020WP/1912/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging ESI notices. Finding the petitioner aggrieved only regarding payment time and not the quantum, and noting their readiness to pay, the Court granted relief by directing installment payment.

What did the court decide?

Petitioner directed to pay Rs. 9,35,078/- in four equal monthly installments. Bank attachment to be lifted after the first installment.

Rr Matric School, Vs State of Tamil Nadu — Pension and Retirement Benefits | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 05.02.2020

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CORAM

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THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.1912 of 2020

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RR Matric School,
Rep. by its Correspondent,
R.Radhakrishnan,
Jayalakshmi Nagar,
Near Police Station,
Nellikuppam,
Cuddalore District.
...Petitioner
Vs.
1.State of Tamil Nadu,
rep. by its Principal Secretary,
Labour and Employment Department,
Fort St.George,
Chennai 600 009.
2.The Employees State Insurance Corporation,
Regional Office (Tamil Nadu),
Rep. by its Regional Director,
No.143, Sterling Road, Nungambakkam,
Chennai 600 034.
3.The Branch Manager,
Indian Overseas Bank,
Nellikuppam Branch,
Nellikuppam Village, Nellikuppam,
Cuddalore 603 108. ...Respondents

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Prayer:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the impugned notice No.TN/RECY/45(g)51001109390001302 dated 10.05.2019 issued by the second respondent and consequential notice S.No.TN/Recy/51-00-110939000-1302 dated 23.07.2019 issued by the second respondent herein and quash the same.

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For Petitioner : Mr.R.Sagadevan

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https://hcservices.ecourts.gov.in/hcservices/

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For Respondents : Mr.K.Magesh for R1 Special Government Pleader Mr.S.P.Srinivasan for R2

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O R D E R

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This writ petition is filed seeking for issuance of a Writ of Certiorari to call for the records pertaining to the impugned notice No.TN/RECY/45(g)-51001109390001302 dated 10.05.2019 issued by the second respondent and consequential notice S.No.TN/Recy/51-00-110939-000-1302 dated 23.07.2019 issued by the second respondent herein and quash the same.

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Heard both sides.

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3.Learned counsel for the petitioner submitted that though this writ petition is filed seeking to quash the impugned proceedings, the petitioner is confining his relief only with regard to the time granted for making the impugned demand. Thus, it is contended that if sufficient time is granted to the petitioner to pay the impugned demand, the petitioner would be satisfied.

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Learned counsel for the respondents submitted that the impugned proceedings were issued in accordance with law by following due procedure and therefore, the petitioner is bound to pay the same.

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Learned counsel for the petitioner, apart from making the above submissions, has also made an endorsement in the writ petition that the petitioner is ready to pay the amount in four installments.

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6.Though this writ petition is filed to challenge the impugned proceedings, in view of the present stand taken by the writ petitioner that they are not aggrieved against the quantum but only against the time for making such payment, this Court is of the view that interest of both parties would be protected, if the petitioner is directed to make the payment in four installments.

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Accordingly, this writ petition is disposed of, by directing the petitioner to pay the sum of Rs.9,35,078/- (Rupees Nine Lakhs Thirty Five Thousand and Seventy Eight only) in four equal monthly installments commencing from 02nd March 2020. Every installment shall be paid on or before the second day of the said month. If any one of the installment is not paid, it is open to the respondents to take proceedings to recover the balance sum by resorting to the procedures available under law.

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https://hcservices.ecourts.gov.in/hcservices/

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On making the first installment on 02.03.2020, the respondents shall lift the bank attachment. Apart from making the impugned demand in installments as ordered supra, the petitioner shall also pay the current ESI contribution periodically. No costs.

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Sd/-
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
vri
To
1.The Principal Secretary,
State of Tamil Nadu,
Labour and Employment Department,
Fort St.George,
Chennai 600 009.
2.The Employees State Insurance Corporation,
Regional Office (Tamil Nadu),
Rep. by its Regional Director,
No.143, Sterling Road, Nungambakkam,
Chennai 600 034.
3.The Branch Manager,
Indian Overseas Bank,
Nellikuppam Branch,
Nellikuppam Village, Nellikuppam,
Cuddalore 603 108.
+1cc to Mr.R.Sagadevan , Advocate SR.No. 9179
+1 cc to Government Pleader Sr.No.9992
+1cc to Mr.S.P.Srinivasan , Advocate SR.No. 9177
W.P.No.1912 of 2020
A.SK(19/02/2020)

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https://hcservices.ecourts.gov.in/hcservices/

Rr Matric School, v. State of Tamil Nadu

Case brief

What is this about?

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Rr Matric School, v. State of Tamil Nadu

Case brief

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