Disposed

M/S. S.K.Singh and Construction, Rourkela v. Asst. Director (Revenue-Ii), Esi Corporation, Bbsr

Orissa HC28 Aug 2024WP(C)/20551/2024

Case brief

AI extract

What is this about?

The High Court stayed coercive action under Section 45-A and garnishee proceedings under Section 45G of the E.S.I. Act pending disposal of the appeal and interim applications before the EI Court, noting the matter was sub-judice.

What did the court decide?

Interim protection granted; Opposite Parties directed not to take any coercive action pursuant to order dated 05.02.2020 and Garnishee Order dated 12.08.2024 till disposal of pending applications by t

M/S. S.K.Singh and Construction, Rourkela Vs… — Labour and Industrial Disputes | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C). No.20551 of 2024

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M/s. S. K. Singh & …. Petitioner Construction, Rourkela

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Mr. S. Mishra, Advocate

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-versus-

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Assistant Director (Revenue- …. Opposite Parties II), Employees State Insurance Corporation, BBSR & others

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Mr. A.P. Ray, Advocate

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CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

28.08.2024

Order No.

02.

This matter is taken up through hybrid mode.

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2. This Writ Petition has been preferred with a prayer to quash the Garnishee Order dated 12.08.2024 issued under Section 45G of the E.S.I. Act 1948, shortly hereinafter “the Act, 1948”, as at Annexure-4, with an alternative prayer to keep the said order in abeyance till C.M.A. (ESI) No.3 of 2024 filed under Section 75 (1) (g) of the E.S.I. Act 1948 is taken up by the E.I. Court, Rourkela for admission, vide which the Petitioner has challenged the order dated 05.02.2020 passed by the Assistant Director (Revenue -II), E.S.I. Corporation under Section 45-A of the E.S.I. Act, 1948 (as amended).

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3. Heard learned Counsel for the Petitioner so also Mr. Ray, learned Counsel for the Corporation, who is present

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and accepts notice on behalf of the E.S.I. Corporation and admits to have received copy of the Writ Petition with I.A. 4. The sole grievance of the Petitioner is that though it has already moved before the E.I. Court challenging the order dated 05.02.2020 passed by the Authority concerned in terms of the Section 75(1) (g) of the E.S.I. Act,1948, and the matter is sub-judice, after getting notice from the concerned Court on limitation on 09.08.2024, the Garnishee Order dated 12.08.2024 under Section 45G of the E.S.I. Act, 1948 has been issued by the Recovery Officer directing the Managing Director/Principal Officer, Steel Authority of India, Rourkela Plant, it being the principal employer, for recovery of the amount as ordered in the 45A proceeding.

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5. Admittedly, the CMA No.03 of 2024 under Section 75(1)(g) of the Act, 1948 is now pending before the 1^st Additional District/Sessions Judge-Cum-EI Court Rourkela challenging the order passed by the Authority concerned under Section 45-A of the Act, 1948.

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6. It is the case of the Petitioner that in the said pending application, a separate application has been filed under Section 75 (2B) of the Act, 1948 for waiving out the statutory deposit amount on the ground that the Opposite Party-Corporation has already realized a sum of Rs. 12,61,739/- from the bank account of the Petitioner by virtue of the Garnishee Order, which is more than the 50% of the amount to be deposited in a proceeding initiated under Section 75 of the Act, 1948, as the determined amount in the 45A proceeding is Rs.20,32,924/-.

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Page 2 of 3

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7. In view of the said admitted facts and documents on record, on consent of the learned Counsel for the parties, the Writ Petition is taken up for hearing and disposal at the stage of admission. The Opposite Party-Corporation so also the Recovery Officer are directed not to take any coercive action against the Petitioner pursuant to order dated 05.02.2020 passed under Section 45-A of the Act, 1948, so also the Garnishee Order dated 12.08.2024, issued under Section 45G of the Act, 1948, as the said issue regarding legality of order dated 05.02.2020 is now subjudice in CMA No.3 of 2024 before the Court of 1^st Additional District/ Sessions Judge-Cum-EI Court, Rourkela and the interim applications for condonation of delay so also exemption from deposit of statutory amount are still pending for consideration.

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8. It is made clear that the interim protection granted by this Court shall remain in force till disposal of such interim applications, as detailed above, by the EI Court.

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9. Accordingly, the Writ Petition stands disposed of.

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10. Urgent certified copy of this order be granted on proper application as per rules.

(S. K. Mishra)

Judge

Mona

Signature Not Verified

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Digitally Signed Signed by: MONALISA SWAIN Reason: Authentication Location: High Court of Odisha Date: 29-Aug-2024 17:54:41

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M/S. S.K.Singh and Construction, Rourkela v. Asst. Director (Revenue-Ii), Esi Corporation, Bbsr

Case brief

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M/S. S.K.Singh and Construction, Rourkela v. Asst. Director (Revenue-Ii), Esi Corporation, Bbsr

Case brief

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What did the court decide?

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