HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 21628 OF 2005 DATED 2nd December, 2014.
BETWEEN Mr.M.Venkateswara Rao ….Petitioner And The ESI Corporation, Hyderabad Rep. by its Regional Director and anr …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 21628 OF 2005
ORDER:
Heard learned Counsel for the petitioner and learned Standing Counsel for the respondents.
This Writ Petition was filed challenging action of the respondents in issuing show-cause notice for warrant of arrest of the petitioner by proceedings dated 08.07.2005.
The respondents state that the petitioner’s hotel was covered under Section 2(12) of the E.S.I. Act with effect from 08.11.1990, however he failed to comply with the provisions of the Act. They also state that even the previous owner of the hotel failed to comply with the provisions of the Act. Hence notices were issued on 27.06.1996, 10.09.1996, 01.05.1997, 25.09.1997, 15.09.1999, 07.12.1999 and 17.04.2000 determininig the contribution as provided under Section 45-A of the ESI Act and though opportunity of personal hearing was afforded on 22.07.1996 30.09.1996 and 21.05.1997, none appeared before the competent authority. In those circumstances, orders were passed as required under Section 45-A of the ESI Act duly determining the contribution on ad hoc basis and the petitioner was requested to pay the same. But the petitioner failed to comply with the said order by paying the amount. Though alternative remedy of appeal is provided to the ESI Court, the petitioner directly approached this Court without availing alternative remedy.
In view of alternative remedy of appeal is provided under Section 75 of the ESI Act, the petitioner is given liberty to approach the ESI Court, if so advised, within three months from the date of receipt of a copy of this Court and upon filing of an appeal, the ESI Court shall consider the same and pass appropriate orders thereon.
The Writ Petition is accordingly disposed of. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 2nd December, 2014. Msnrx