Disposed

M/s.St.Thomas Mat. Hr. Sec. School v. The Esi Corporation

Madras HC13 Jul 2021WP/1425/2021

Case brief

AI extract

What is this about?

Petitioner school filed a writ petition to quash a Show Cause Notice issued by ESIC Regional Office. The court observed that only a show cause notice requiring an opportunity of personal hearing was issued and noted available statutory remedies under the ESI Act, 1948 for appealing adverse orders.

What did the court decide?

Writ petition disposed of; no costs; connected miscellaneous petition closed.

M/s.St.Thomas Mat. Hr. Sec. School Vs The Esi… — Service and Employment | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 13.07.2021

¶3

CORAM:

¶4

THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN

¶5

W.P.No.1425 of 2021 and MP.No.1607 of 2021

¶6

M/s.St.Thomas Matriculation Higher Secondary School, Rep. by its Correspondent, T.Rajan Mathews No.14, Sai Nagar, Chinnasekkadu, Manali, Chennai 600 068. ... Petitioner

¶7

..Vs..

¶8

The ESI Corporation Regional Office (T.N.) Rep.by its Regional Director, Panchadeep Bhavan No.143, Sterling Road, Chennai 600 034.

¶9

The Assistant / Deputy Director Regional Office (Tamil Nadu) Employees State Insurance Corporation No.143, Sterling Road, Chennai 600 034. ... Respondents

¶10

Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the order of the second respondent passed in No.TN/INS/VIII/51-001009951302 dated 27.10.2020 and quash the same.

¶11

For Petitioner : Mr.P.Ebenezer Paul

¶12

For Respondents: Mr.G.Bharadwaj Standing Counsel

¶13

ORDER

¶14

This writ petition has been filed to call for the records relating to the order of the second respondent passed in No.TN/INS/VIII/51-00100995-1302 dated 27.10.2020 and quash the same.

¶15

The writ petition has been filed against the Show cause notice issued on 27.10.2020. The contention of the Management School is that beyond five years no proceedings could be initiated.

¶16

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

¶17

Since it is only a show cause notice, it is open to the School to put forth all the defence available before the ESIC, which shall consider the pleadings of the School and pass appropriate orders on merits after affording an opportunity of personal hearing to the School. In case the Petitioner-School is aggrieved by the order that may be passed under Section 45-A of the ESI Act, 1948, it is open to him to question the said order by filing an appeal under Section 45AA of the Act or invoke Section 75 of the ESI Act 1948. In case of any adverse order by ESIC, it is open to the School to agitate the remedy under Section 82 of the ESI Act.

¶18

With the above observation the writ petition is disposed of. No costs. Consequently connected miscellaneous petition is also closed.

¶19

Sd/-

¶20

Assistant Registrar(CS-IX)

¶21

//True copy//

¶22

Sub Assistant Registrar

¶23

dpq

¶24

¶25

The ESI Corporation Regional Office (T.N.) Rep.by its Regional Director, Panchadeep Bhavan No.143, Sterling Road, Chennai 600 034.

¶26

The Assistant / Deputy Director Regional Office (Tamil Nadu) Employees State Insurance Corporation No.143, Sterling Road, Chennai 600 034.

¶27

+1cc to Mr.G.Bharadwaj, Advocate SR.No.32744

¶28

+1cc to Mr.P.Ebenezer Paul, Advocate SR.No.32816

¶29

W.P.No.1425 of 2021 and WMP.No.1607 of 2012

¶30

JPL(CO) GMY(06/08/2021)

¶31

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

M/s.St.Thomas Mat. Hr. Sec. School v. The Esi Corporation

Case brief

What is this about?

What did the court decide?

M/s.St.Thomas Mat. Hr. Sec. School v. The Esi Corporation

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

Similar cases

The Management of Haneef & Co. Vs the Presiding Officer

The Management of Haneef & Co. Vs the Presiding Officer

The Director of Agriculture, Vs M.Kannan

The Tamil Nadu Generation & Vs The Presiding Officer

The Secretary, Vs The Presiding Officer

The Superintendent of Vs J.Manimegalai