Biju Pattnaik College of Plus Two Science and Technology, Jajpur Vs Employees State Insurance Corp., Bbsr

3. During hearing, learned Counsel for the Corporation, drawing attention of this Court to the stand taken in para5 of the Writ Petition submits, in view of the alternative remedy available under section 75 of the Employees’ State Insurance Act, 1948, for short “the Act, 1948” and there being disputed question of facts, the Writ Petition is not maintainable and is liable to be dismissed in limine.

¶16

4. In response to the said submission made by the learned Counsel for the Corporation, learned Counsel for the Petitioner, drawing attention of this Court to the averments made in the Writ Petition submits, the case of the Petitioner is that, the Authority concerned, without

¶17

determining the contribution in terms of section 45-A of the Act, 1948, straightway issued a garnishee order. Knowing about the garnishee orders as at Annexures-1 & 2 through the bank, the Petitioner has challenged those orders in the present Writ Petition. Only after filing of the Counter Affidavit by the Corporation, it came to the notice of the Petitioner that an order under section 45-A of the Act, 1948 has been passed since 27.06.2019, based on which the impugned garnishee orders have been issued. Hence, taking a stand of not preferring an Appeal under section 45-AA or approaching the E.I. Court under section 75 of the Act, 1948 is misconceived.

¶18

5. Learned Counsel for the Petitioner further submits, to prefer an Appeal under section 45-AA of the Act, 1948, the period of limitation is 60 days from the date of passing of the order and there is no such provision to condone the delay. Hence, the Garnishee Orders, as at Annexures-1 & 2, be set aside and a direction be given to the Corporation to supply a copy of the order dated 27.06.2019 passed under section 45-A of the Act, 1948, enabling the Petitioner to approach the E.I. Court under section 75 of the Act, 1948.

¶19

6. In view of the submissions made by the learned Counsel for the parties, this Court is of the view that the impugned garnishee orders as at Annexures-1 & 2 are liable to be set-aside. Accordingly, garnishee orders as at Annexures-1 & 2 are hereby set aside and quashed.

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7. In view of the specific averments made in the Writ Petition as to no knowledge about order dated 27.06.2019

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passed under section 45-A of the Act, 1948 so also no proof has been attached to the Counter Affidavit filed by the Corporation to substantiate the stand as to communication of the said order to the Petitioner-Establishment, the ESI Corporation is directed to supply a true copy of the order dated 27.06.2019 passed under section 45-A of the Act, 1948 to the Petitioner within fifteen days hence, enabling the Petitioner to approach the E.I. Court under section 75 of the Act, 1948.

¶23

8. It is made clear that after getting true copy of order dated 27.06.2019 passed under section 45-A of the Act, 1948, if the Petitioner approaches the E.I. Court within a month from the date of receipt of the said letter along with an application for condonation of delay, the same shall be considered to condone the delay taking into consideration the date of communication of the said order and thereafter, the E.I. Court shall proceed further and conclude the same in accordance with law.

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9. It is made further clear that if the Petitioner fails to approach the E.I. Court within the time granted, it will be open for the Corporation to proceed further for recovery of the determined amount in terms of order dated 27.06.2019 passed under section 45-A of the Act, 1948.

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10. With the said observation, the Writ Petition stands disposed of. No order as to cost.

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Kanhu

¶27

(S. K. Mishra)

¶28

Signature Not Verified

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Digitally Signed Signed by: KANHU BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck. Date: 23-Aug-2024 18:23:28

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Biju Pattnaik College of Plus Two Science and Technology, Jajpur v. Employees State Insurance Corp., Bbsr

Case brief

What is this about?

What did the court decide?

Biju Pattnaik College of Plus Two Science and Technology, Jajpur v. Employees State Insurance Corp., Bbsr

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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