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M/s. Vamsam Fertility Centre v. The Recovery Officer

Madras HC16 Jun 2025WP(MD)/15673/2025

Case brief

AI extract

What is this about?

Writ petition dismissed from entertainment / disposed with liberty to appeal; alternative remedy doctrine; ESI Act 1948 Sections 45C to 45I recovery notice; Section 45-A assessment order dated 21.08.2024; statutory appeal under Section 45-AA; ESIC Recovery Officer Tirunelveli; Vamsam Fertility Centre; limitation exclusion from 09.06.2025; certiorarified mandamus under Article 226; W.P.(MD) No.15673 of 2025; Justice R. Vijayakumar; decided 16.06.2025.

What did the court decide?

Writ petition disposed of with liberty to the petitioner to file an appeal before the competent authority under Section 45-AA of the ESI Act; limitation exclusion for the period between 09.06.2025 and the date of receipt of a copy of the order; no order as to costs; connected Miscellaneous Petitions (W.M.P(MD) Nos.11908 and 11910 of 2025) closed. ¶26

M/s. Vamsam Fertility Centre Vs The Recovery Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a writ petition under Article 226 challenging a consequential recovery notice issued under Sections 45C to 45I of the ESI Act, 1948 is maintainable where the Section 45-A assessment order was stated to have been communicated and a statutory appeal lies before the appellate authority under Section 45-AA of the ESI Act.

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Court's answer

Since a statutory appeal lies before the appellate authority under Section 45-AA of the Employees' State Insurance Act against the Section 45-A order, the Court is not inclined to entertain the writ petition challenging a consequential recovery order.

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Ratio / Principle

The writ petition is disposed of with liberty to the petitioner to file an appeal before the competent authority, and if any such appeal is filed, the period between 09.06.2025 and the date of receipt of a copy of the order shall stand excluded for calculating the period of limitation.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench) disposed of a writ petition by a fertility centre challenging a recovery notice Ref.No.6600044298001401/CP/660463 dated 15.05.2025 issued by the ESIC Recovery Officer, Tirunelveli, under Sections 45C to 45I of the ESI Act, 1948, on the ground that the Section 45-A assessment order (dated 21.08.2024) was not communicated. Held that since a statutory appeal lies before the appellate authority under Section 45-AA of the ESI Act, the Court would not entertain the writ petition against a consequential recovery order; liberty granted to file an appeal, with the period from 09.06.2025 until receipt of the order copy excluded for limitation. Connected miscellaneous petitions closed; no costs.

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W.P.(MD).No.15673 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 16.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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W.P(MD)No.15673 of 2025 and

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W.M.P(MD) Nos.11908 and 11910 of 2025

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M/s.Vamsam Fertility Centre, Represented by its Proprietor/ Managing Director, Dr.D.Silambuchelvi, Having its registered Office at South Bye Pass Road, Tirunelveli. ... Petitioner Vs.

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The Recovery Officer, Employees' State Insurance Corporation, Panchadeep Bhawan, ESIC Complex, Salai Street, Vannarpettai, Tirunelveli – 627 003. ... Respondent

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling of records for the impugned notice Ref.No.6600044298001401/CP/660463, dated 15.05.2025, issued by the respondent under Sections 45 C to 45 I of the ESI Act, 1948 and quash the same as illegal and consequently direct the

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.15673 of 2025

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respondent to provide an opportunity of personal hearing to the petitioner before initiating any proceedings for determination and recovery of dues under the ESI Act.

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For Petitioner : Ms.M.Anantha Devi

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For Respondent : Mr.I.Pinaygash Standing Counsel

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O R D E R

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The Management of Fertility Centre has filed the present Writ Petition

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challenging the notice issued for recovery under the Employees' State Insurance Act, on the ground that the order under Section 45-A of the Employees' State Insurance Act, was not communicated.

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2. The learned Standing Counsel appearing for the respondent/

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Corporation submits that an order was passed under Section 45-A of the Employees' State Insurance Act on 21.08.2024 and it was also communicated to the petitioner Management. Considering the fact that a statutory appeal lies before the appellate authority under Section 45-AA of the Employees' State Insurance Act, this Court is not inclined to entertain the writ petition challenging a consequential recovery order.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.15673 of 2025

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3. In view of the above said facts, this Writ Petition stands disposed of

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with liberty to the petitioner to file an appeal before the competent authority. In case, if any appeal is filed, the period between 09.06.2025 and the date of receipt of a copy of this order shall stand excluded for calculating the period of limitation. There shall be no order as to costs. Consequently connected Miscellaneous Petitions stand closed.

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16.06.2025

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NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi

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The Recovery Officer, Employees' State Insurance Corporation, Panchadeep Bhawan, ESIC Complex, Salai Street, Vannarpettai, Tirunelveli – 627 003.

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https://www.mhc.tn.gov.in/judis

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