Partly allowed

Sairam Vidayalaya v. Employees State Insurance

Madras HC12 Mar 2021WP/6479/2021

Case brief

AI extract

What is this about?

This single-paragraph order considers a writ petition challenging an order under the ESI Act. The High Court directed the respondent corporation to dispose of a written representation by the petitioner under Section 91-C and deferred coercive recovery steps.

What did the court decide?

Direction to Respondent No. 2 to dispose of representation under Section 91-C of ESI Act within four weeks and defer coercive recovery steps.

Sairam Vidayalaya Vs Employees State Insurance — Service and Employment | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 12.03.2021

¶3

CORAM

¶4

THE HONOURABLE MR. JUSTICE M.GOVINDARAJ

¶5

WP NO.6479 OF 2021 AND WMP NO.7059 OF 2021

¶6

Sairam Vidyalaya

¶7

Rep. by its Chief Executive Officer
No.5, Madipakkam Main Road,
Madipakkam, Chennai – 600 091. .. Petitioner
Versus
1.Employees State Insurance Corporation
Rep. by its Regional Director
Regional Office
No.143, Sterling Road, Chennai – 600 034.
2.Assistant Director
Employees State Insurance Corporation
Regional Office
No.143, Sterling Road, Chennai – 600 034.
3.The Recovery Officer
Employees State Insurance Corporation
Regional Office
No.143, Sterling Road, Chennai – 600 034. .. Respondents

¶8

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the application dated 20.01.2021 filed under Section 91 C of the ESI Act for write off the contribution for the period from March 2015 to August 2019 on its merits and in accordance with law and pass orders within the time frame.

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For Petitioner : Mr.Balan Haridas For Respondents: Mr.G.Bharadwaj Standing Counsel

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

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O R D E R

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The petitioner has come out with a limited prayer to dispose of the representation dated 20.01.2021 made to the second respondent under Section 91-C of the ESI Act.

¶13

Considering the limited prayer, a direction is given to the second respondent to dispose of the representation dated 20.01.2021 made by the petitioner under Section 91-C of the ESI Act, within a period of four weeks from the date of receipt of a copy of this order. Till such time, the respondents are directed to defer all the coercive steps towards recovery.

¶14

The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed.

¶15

Sd/-
Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
TK
To
1.The Regional Director
Employees State Insurance Corporation
Regional Office
No.143, Sterling Road, Chennai – 600 034.
2.Assistant Director
Employees State Insurance Corporation
Regional Office
No.143, Sterling Road, Chennai – 600 034.
3.The Recovery Officer
Employees State Insurance Corporation
Regional Office
No.143, Sterling Road, Chennai – 600 034.
+1cc to Mr.Balan Haridass, Advocate SR.No. 15922
+1cc to Mr.G.Bharadwaj, Advocate SR.No. 16223
WP NO.6479 OF 2021

¶16

A.SK(08.04.2021)

¶17

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

Sairam Vidayalaya v. Employees State Insurance

Case brief

What is this about?

What did the court decide?

Sairam Vidayalaya v. Employees State Insurance

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

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