M/S.Hari Om Matriculation School v. Employees State Insurance Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 7299 of 2020 and W.M.P. No. 8714 of 2020 M/s. Hari Om Matriculation School, (Harim Om Educational Trust), represented by its Correspondent Mr. M.R. Rathindran having its registered office at Teachers Colony, N.G.G.O. Colony, Coimbatore - 641 022.

...Petitioner

-vs1. Employees' State Insurance Corporation of India, Rep. by Deputy Director, (Sub Regional Office), 1897, Trichy Road, Panchdeep Bhavan, Ramanathapuram, Coimbatore - 641 045.

2. The Sub Regional Office, Rep. by the Recovery Officer, Employees State Insurance Corporation, SRO Coimbatore, Panchdeep Complex, 1897, Trichy Road, Ramanathapuram, Coimbatore.

...Respondents

Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the Respondents especially the order of the Second Respondent to defer collecting of arrears a sum of Rs.12,64,097/- which includes interest @ 12% per annum for the period commencing 2013-2018 from the Petitioner as per Recovery Notice dated 07.01.2020 in Ref.

No.

56001130550001301/CP/355919/48671 issued by the Recovery Officer. https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr. V. Ramesh for Mr. T. Thiyagarajan For Respondents : Mr. G. Bharadwaj, Standing Counsel

O R D E R

(through video conference) Learned Counsel for the Petitioner seeks permission of this court to withdraw the Writ Petition in view of the decision of the Full Bench of this Court in All India Private Educational Institutions Association -vs- State of Tamil Nadu (Order dated 29.07.2020 in W.P. No. 34236 of 2019 etc., batch), with liberty to workout the rights of the Petitioner in proceeding under Section 75 of the Employees State Insurance Act, 1948, for appropriate relief before the jurisdictional Employees Insurance Court. He has also filed a memo to that effect through e-mail dated 13.08.2020, which is placed on record.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(MD) //True Copy// Sub Assistant Registrar vjt To

1. The Deputy Director, Employees' State Insurance Corporation of India, (Sub Regional Office), 1897, Trichy Road, Panchdeep Bhavan, Ramanathapuram, Coimbatore - 641 045.

2. The Recovery Officer, Sub Regional Office, Employees State Insurance Corporation, SRO Coimbatore, Panchdeep Complex, 1897, Trichy Road, Ramanathapuram, Coimbatore.

+1cc to Mr.G.Bharadwaj, Advocate, S.R.No.26761 W.P. No. 7299 of 2020 NR(CO) KKV/20/08/2020 https://hcservices.ecourts.gov.in/hcservices/