Heard Ms.Samta Patel, learned advocate for Nanavati Associates, on behalf of the petitioner. It is submitted by her that the Joint Director of the respondent-Corporation issued a Show Cause Notice on 07.03.2012, asking the petitioner to be present on 28.03.2012. However, on 28.03.2012, as the petitioner was not present, the impugned order dated 27.04.2012 has been passed ex-parte, imposing damages totalling to Rs.6,70,230/- upon the petitioner. It is further submitted that as per the proviso to Section-85(B) of the Employees' State Insurance Act, 1948, before recovering damages, the employer should be given a reasonable opportunity of hearing. It is submitted that no reasonable opportunity of hearing has been given to the petitioner and the matter has been decided on the first date of hearing, without granting any adjournment.
Issue Notice returnable on 07.08.2012.
By way of ad-interim relief, the implementation, execution and operation of the impugned order dated 27.04.2012, shall remain stayed till then.
In addition to the normal mode of service, Direct Service is also permitted.
(Smt.
Abhilasha Kumari, J.) Gaurav+ Top