Court No. - 47
Case :- WRIT - C No. - 18662 of 2019 Petitioner :- Special Security Force Respondent :- The Regional Director, Employees State Insurance Corporation And 2 Others Counsel for Petitioner :- Rakesh Kumar Garg Counsel for Respondent :- Rajesh Tewari
Hon'ble J.J. Munir,J.
The petitioner has come up praying for following material reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari call for records of the orders passed by the Deputy Director/Assistant Director under Section 45A of E.S.I. Act for the period 01.04.2011 to 31.10.2014, 01.02.2016 to 31.12.2016 nad 01.01.2017 to 31.07.2017 (unserved to the petitioner) and quash the same.
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to recover the amount of Employees' State Insurance Contribution for the period 01.04.2011 to 31.10.2014, 01.02.2016 to 31.12.2016 and 01.01.2017 to 31.07.2017 in pursuance of the recovery certificates dated 15.03.2019 issued by the respondent no. 3.
(iii) Issue a suitable writ, order or direction in the nature of mandamus directing the respondent no. 2 to consider the case of the petitioner as fresh on merit after providing reasonable opportunity of the hearing to the petitioner."
Sri Rajesh Tiwari, learned counsel for respondent E.S.I. Corporation has handed over copies of orders under Section 45A, all dated 11.12.2018 relating to the period 01.04.2011 to 31.10.2014, 01.02.2016 to 31.12.2016 and 01.01.2017 to 31.07.2017. He has submitted that the petitioner did not deliberately appear and had notice of these orders as he generated a challan to liquidate the outstandings due on the recovery certificate by utilizing his unique Employer's Code No. 21000036490001018 where on the website of the Corporation the three orders on the basis of which recovery proceedings have been initiated were clearly reflected. Now, that the petitioner has been handed over copies of orders of assessment made under Section 45A, he has an alternative remedy against the said orders under Section 45AA of the Employees State Insurance Act, 1948 also under Section 75 before the E.S.I. Court in view of which this petition is liable to be dismissed on ground of availability of alternative remedy.
It is, however, provided that in case the petitioner approaches the Appellate Authority within 15 days of date under Section 45AA of the Act, the Appellate Authority shall entertain the appeal and decide the same on merits without any objection as to limitation.
This petition stands disposed of in terms of the above orders.
Order Date :- 29.5.2019 BKM/-