Writ petitions challenging damages levied under the ESI Act for late payment of contributions. The Court dismissed them without going into merits since the petitioner had an effective alternative remedy, directing the 25% already deposited to remain in deposit.
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W.P.Nos.30190 to 30194 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T.ASHA
W.P.Nos. 30190 to 30194 of 2015 M.P.Nos.1,1,1,1 and 1 of 2015 and
2,2,2,2 and 2 of 2015
P. Mohanraj
... Petitioner
Versus
1.The Regional Director, Regional Office (Tamil Nadu), Employees State Insurance Corporation, No 143, Sterling Road, Chennai – 600 034
2.The Deputy Director (Regional Office) Employees State Insurance Corporation, No 143, Sterling Road, Chennai – 600 034 ... Respondents
PRAYER : The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the
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W.P.Nos.30190 to 30194 of 2015
records relating to the proceedings of the 2 nd Respondent in No. TN/Ins – VI/ 51-00-082840-000-0699 dated 06/03/2015, quash the same.
For Petitioner : Mr. R. Muthu Krishnan For Respondents 1and 2 :Mr. C.V. Ramachandramoorthy S tanding Counsel
COMMON ORDER
It is an admitted case that petitioner had made late contributions
to the respondent-Corporation. Therefore in keeping with the provisions of the ESI Act, damages have been levied. Challenging the levy, the petitioners are before this Court.
going into the merits of the case, these writ petitions are dismissed giving liberty to him to approach the authority concerned. It is also represented that in each of the matters, 25% has already been
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deposited by the petitioner. The said amount shall remain in deposit.
There shall be no order as to costs. Consequently, these writ petitions are dismissed. M.Ps are closed.
30.07.2024
Index : Yes/No Internet : Yes srn To
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W.P.Nos.30190 to 30194 of 2015
P.T.ASHA, J.
srn
W.P.Nos. 30190 to 30194 of 2015 M.P.Nos.1,1,1,1 and 1 of 2015 and 2,2,2,2 and 2 of 2015
30.07.2024
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1 issue framed by the court
Whether the writ petitions challenging ESI damages for late contributions are maintainable despite an effective alternative remedy.
1 provisions across 1 enactments
P. Mohanraj
The Regional Director, Regional Office (Tamil Nadu), Employees State Insurance Corporation, Chennai
The Deputy Director (Regional Office), Employees State Insurance Corporation, Chennai
P.T.Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
