Dismissed

Cherraans Institute of Health Science v. Employees State Insurance Corporation

Madras HC2 Mar 2021WP/518/2021

Case brief

AI extract

What is this about?

The High Court dismissed writ petitions challenging ESI contribution orders. Directing petitioners to prefer appeals before the Employees' Insurance Court, the Court ordered the Insurance Court to entertain appeals and waiver petitions without technicalities or staying recovery actions pending appeal filing.

What did the court decide?

Petitioners directed to file appeals under Section 75 of the ESI Act, 1948 before the Employees' Insurance Court within four weeks; instructions given to the Insurance Court.

Cherraans Institute of Health Science Vs… — Labour and Industrial Disputes | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.03.2021

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CORAM

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THE HONOURABLE MR. JUSTICE M.GOVINDARAJ

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WP NOS.518 & 527 OF 2021 AND WMP NOS.580 & 584 OF 2021

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Cherraans Institute of Health Science, Rep. by its Correspondent, Old No.278-A, Siruvani Main Road, Telungupalayam Pirivu, Coimbatore - 641 039.

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... Petitioner in W.P.No.518 of 2021 S.M.S.College of Arts and Science, Rep. by its Correspondent, Mr.K.C.Palanisamy, "Cheran Towers", No.78, Arts College Road, Coimbatore - 641 018. ... Petitioner in W.P.No.527 of 2021 Vs.

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Employees State Insurance Corporation, Sub Regional Office at No.1897, Trichy Road, Palaniappa Nagar, Sowripalayam Pirivu, Ramanathapuram, Coimbatore - 641 015. ... Respondent in both W.Ps.

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PRAYER IN WP NO.518 / 2021: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to call for the records in Proceedings dated 28.10.2020 in Reference No.56-0-111413-000-1305/INS.IV/SRO passed by the respondent and quash the same with a direction directing the respondent to give due opportunity by issuing fresh notice to the petitioner and determine the payment of ESI contribution for the petitioner's Educational Institution for the period from 01.11.2014 to 31.10.2019.

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

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PRAYER IN WP NO.527 / 2021: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to call for the records in Proceedings dated 30.12.2019 in Reference No.56-00-110919-000-1303/INS.IV/SRO passed by the respondent and quash the same with a direction directing the respondent to give due opportunity by issuing fresh notice to the petitioner and determine the payment of ESI contribution for the petitioner's Educational Institution for the period from 01.10.2014 to 30.09.2019.

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Challenging the order passed by the respondent / ESI Corporation under Section 45-A of the ESI Act, 1948, the present Writ Petitions have been filed.

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It is well settled that against the order passed by the Original Authority under the ESI Act, 1948, there is an appeal remedy provided under Section 75 of the ESI Act, 1948, before the Employees' Insurance Court and without exhausting the alternative remedy, the petitioners have come before this Court on an apprehension that recovery proceedings will be initiated.

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Therefore, liberty is granted to the petitioners to file an appeal before the Employees' Insurance Court, within a period of four weeks from today. Since there is no recovery action initiated by the respondent / ESI Corporation, it is expected that the recovery action can wait for a period of four weeks, till the appropriate petition in this regard is dealt with by the Employees' Insurance Court.

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In fine, the petitioners are directed to prefer an appeal under Section 75 of the ESI Act, 1948, before the Employees' Insurance Court, within a period of four weeks from today. On such appeal being presented before the Employees' Insurance Court, the Employees' Insurance Court is directed to entertain the same, without insisting on the technicalities of limitations and consider the stay and waiver petitions to be filed as expeditiously as possible. A further direction is given to the Employees' Insurance Court to consider and dispose of the waiver petition as expeditiously as possible.

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

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The Writ Petitions are disposed of with the above observation and direction. No costs. Consequently, connected miscellaneous petitions are closed.

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Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
TK
To
Employees State Insurance Corporation,
Sub Regional Office at
No.1897, Trichy Road,
Palaniappa Nagar, Sowripalayam Pirivu,
Ramanathapuram, Coimbatore - 641 015.
+2cc to Mr.Waron & Sai Rams, Advocate, S.R.No.12724 & 12725.
+1cc to Mr.G.Bharadwaj, Advocate, S.R.No.12828.
WP NOS.518 & 527 OF 2021
AND
WMP NOS.580 & 584 OF 2021
SSN(CO)
CSR 26.03.2021

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

Cherraans Institute of Health Science v. Employees State Insurance Corporation

Case brief

What is this about?

What did the court decide?

Cherraans Institute of Health Science v. Employees State Insurance Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

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