1. Rule.
Mr. Sachin Vasavada, learned advocate waives service of notice of Rule on behalf of respondent-Corporation. With the consent of the learned advocates for both the sides, matter is taken up for hearing today.
2. The petitioner herein has preferred this petition praying for quashing and setting aside the order dated 27.04.2012 passed by Jt. Director, Employees State Insurance Corporation Vadodara and to further direct respondent to consider and decide the case of the petitioner on merits after giving reasonable opportunity to the petitioner.
3. The petitioner was issued with a show cause notice dated 07.03.2012 to show cause within 15 days as to why damages as envisaged under Section 85B of the Employees State Insurance Act, 1948 be not levied and recovered from the petitioner company. The respondent authority had also asked the petitioner company to remain present on 28.03.2012 for a personal hearing of the said matter.
4. Learned advocate appearing for the petitioner submitted that on 28.03.2012 which is the date fixed by the authority, the representative of the petitioner company could not remain present because of some unavoidable circumstances before the authority. He submitted that had the petitioner been given an opportunity of hearing the petitioner company would have been able to show whether there is any delay in paying the contribution or not.
5. As a result of hearing and perusal of records, more particularly considering the entire turn of events as well as provisions of Section 85B which clearly states that the authority is required to grant sufficient opportunity of hearing to the employer coupled with the fact that the petitioner could not remain present on the first date of hearing, this court is of the opinion that interest of justice shall be served if the matter is restored to its original file on condition that the petitioners pay appropriate costs for the same. Accordingly, with the consent of the parties the following order is passed:
The order dated 27.04.2012 passed by respondent authority is hereby quashed and set aside on payment of appropriate costs.
The petitioner shall deposit an amount of Rs. 15,000/- as cost before the respondent Corporation on or before 07.12.2012.
The representative of the petitioner company shall appear before the respondent authority on 12.12.2012 for hearing.
On 12.12.2012, on production of receipt qua payment of Rs. 15000/- before the Joint Director- respondent Corporation, the respondent authority below shall proceed with the matter.
The respondent authority shall hear and decide the case of the petitioner company on merits.
It shall be open to the respondent authority, on 12.12.2012, to adjourn the proceedings to a later convenient date.
It is clarified that if the amount of costs is not paid on or before 07.12.2012, the order dated 27.04.2012 shall stand confirmed.
6. Petition is allowed to the aforesaid extent. Rule is made absolute accordingly. Direct service is permitted.
(K.S.JHAVERI, J.) DIVYA Page 3 of 3