Court No. - 7
Case :- WRIT - C No. - 39006 of 2018 Petitioner :- M/S Varenyam Motors And Tyres Respondent :- The Appellate Authority Under Section 45aa Of The Employees State Insurance Act And 3 Others Counsel for Petitioner :- Ramendra Asthana
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. It appears that against the demand created against the petitioner by order dated 06.07.2018 passed under Section 45A of the Employees State Insurance Act, 1948, the petitioner had approached the Appellate Authority under Section 45AA of the Act. However, in view of the fact that the petitioner had not made the principal deposit of 25% of the disputed demand, that appeal appears to have been treated as not maintainable.
3. Consequently, recovery certificate dated 18/19.09.2018 has been issued against the petitioner seeking to recover the defaulted amount.
4. In such facts, learned counsel for the petitioner submits that along with the appeal filed under Section 45AA of the Act, under wrong legal advice, the petitioner had filed an application seeking waiver of the requirement to pre-deposit 25% of the disputed amount. At present, the petitioner prays for time to deposit that amount, such that its appeal may be heard on merits.
5. While Sri Rajesh Tiwari, learned counsel appearing for the corporation has raised a preliminary objection to the effect that against the order of rejection of the appeal, there is a remedy of appeal under Section 45AA of the Act, it has also been submitted that such order has not been annexed or challenged in the present proceedings.
6. Having considered the arguments so advanced by the learned counsel for the parties, no useful purpose would be served in keeping the present petition pending any further. Insofar as it is admitted that the petitioner had filed an appeal within the limited time and no adjudication of his rights has taken place by that authority, and further in view of the statement made by the learned counsel for the petitioner subject to the petitioner depositing 25% of the disputed contribution within a period of two weeks from today, along with the certified copy of this order, together with an application to recall the order dated 29.08.2018, the Appellate Authority shall proceed to recall its order and proceed to hear and decide that appeal on merits, as expeditiously as possible, preferably within a period of two months from the date of deposit being made by the petitioner.
7. With the aforesaid observations, the present petition is disposed of.
Order Date :- 30.11.2018 Prakhar