Sri Ram Matriculation Higher Secondary School v. Employees State Insurance Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR. JUSTICE K.RAJASEKAR and C.M.P.No.2251 of 2024 Sai Ram Matriculation Higher Secondary School, Rep. by its Chief Executive Officer, North Vadampokki Street, Thiruvarur-610 001.

... Appellant / Petitioner Vs.

1. Employees State Insurance Corporation, Rep. by its Regional Director, Regional Office, No.143, Sterling Road, Chennai-600 034.

2. The Deputy Director, Employees State Insurance Corporation, No.39/57, Theerthamalai Vaniga Valagam, Three Roads, Salem-639 009.

... Respondents/Respondents Prayer :- Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order in W.P.No. 10413 of 2021 Dated 03.11.2023 as illegal, arbitrary and contrary to law and consequently direct the respondents to consider the Application dated 24.03.2021 filed under Section 91 C of the 1/4

ESI Act fr write off the contribution for the period from April 2015 to October 2019 on its merits and in accordance with law. For Appellant : Mr.Balan Haridas For Respondents : Mrs.G.Narmadha for Mr.G.Bharadwaj (for R1 & R2) J U D G E M E N T (Judgement of the Court was delivered by S.M.Subramaniam J.) The order dated 03.11.2023, passed in W.P.No.10413 of 2021 is under challenge in the present writ appeal.

2. The learned counsel appearing on behalf of the respondent, Employees State Insurance Corporation, made a submission that the Hon'ble Supreme Court of India granted an interim order of stay in this matter.

3. In view of the said order, no further adjudication is required. However, after disposal of the issues by the Hon'ble Supreme Court of India, the petitioners are at liberty to work out its remedy in the manner known to law.

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4. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.J.,) (K.R.S.J.,) 28.03.2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order (sha) To

1. Employees State Insurance Corporation, Rep. by its Regional Director, Regional Office, No.143, Sterling Road, Chennai-600 034.

2. The Deputy Director, Employees State Insurance Corporation, No.39/57, Theerthamalai Vaniga Valagam, Three Roads, Salem-639 009.

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S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

(sha) 28.03.2024 4/4