Auxilium Higher Secondary School v. Employees State Insurance Corporation

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.3361 of 2021 Auxilium Higher Secondary School, Represented by its Correspondent, Sirudur, Madha Nagar, Thirumalapuram Post, Madurai-625 014.

... Petitioner Vs.

1.Employees' State Insurance Corporation, Regional Corporation (Tamil Nadu) Represented by its Regional Director, 143, Sterling Road, Chennai-600 034.

2.Employees' State Insurance Corporation, Sub-Regional Office, Represented by its Assistant / Deputy Director, 1/5

3.The Recovery Officer, Office of the Recovery Officer, Sub Regional Office, (Madurai), Employees' State Insurance Corporation, 4.Branch Manager, State Bank of India, 3/770, Alagar Kovil Main Road, Surveyor Colony, K.Pudur, Madurai-625 007.

5.Branch Manager, Indian Overseas Bank, Kadachanendal Branch, 80-b, Kathakinaru Village, Alagar Kovil Main Road, Madurai-625 107.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the two impugned notices, both dated 22.10.2020 in Nos. 57000747020001302 / CP / 390010 / 720 / 2020 & 57000747020001302 / CP / 390023 / 721 /2020, and the subsequent two impugned Garnishee orders, both dated 29.12.2020, and both in No.57 / RRC / 00 /074702 / 000 / 1302 / 20, on the file of the 3rd respondent in respect of the petitioner School and quash the same, directing the respondents to consider waiver / write off the arrears of contribution, Interest and Damages u/s 91C of ESI Act, 1948, in terms of the order of the Full Bench of this Court dated 29.07.2020 in the batch of writ 2/5

petitions in W.P.No.34246 of 2019, as reported in 2020 (5) CTC 93 (FB) and the order of this Court dated 29.10.2020 and made in W.P.No. 15405 of 2020. For Petitioner : M/s.Father Xavier Associates For Respondents : Mr.N.Dilip Kumar, Standing Counsel

ORDER

When the writ petition was taken up for hearing, the learned Counsel appearing for the petitioner submitted that the required amount of Rs.1,27,628/- (Rupees One Lakh Twenty Seven Thousand Six Hundred and Twenty Eight only) has already been paid. Hence, nothing survives for adjudication in this writ petition.

2. Accordingly, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed. 30.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml 3/5

To 1.Employees' State Insurance Corporation, Regional Corporation (Tamil Nadu) Represented by its Regional Director, 143, Sterling Road, Chennai-600 034.

2.Employees' State Insurance Corporation, Sub-Regional Office, Represented by its Assistant / Deputy Director, 3.The Recovery Officer, Office of the Recovery Officer, Sub Regional Office, (Madurai), Employees' State Insurance Corporation, 4.Branch Manager, State Bank of India, 3/770, Alagar Kovil Main Road, Surveyor Colony, K.Pudur, Madurai-625 007.

5.Branch Manager, Indian Overseas Bank, Kadachanendal Branch, 80-b, Kathakinaru Village, Alagar Kovil Main Road, Madurai-625 107.

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L.VICTORIA GOWRI, J.

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