Green Garden Resort v. The Deputy Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.4395 of 2025 Green Garden Resort rep.by its Proprietor M/s.S.Selvakumar Shenbagadevi Street Old Courtallam-627 814 Tenkasi District ... Petitioner -vsThe Deputy Director Sub Regional Office Employees State Insurance Corporation Panchdeep Bhavan ESIC Complex, Salai Street Vannarpettai, Tirunelveli-627 003 ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari calling for the records relating to the impugned notice dated 14.11.2024 in No.66-00-044273-000-1101/Ins-II/PH, issued by the respondent, quash the same as illegal.

For Petitioner :

Mr.B.Prasanna Vinoth

O R D E R

This writ petition has been filed by the petitioner questioning the notice dated 14.11.2024, issued by the respondent, thereby the petitioner was required to appear for enquiry on 03.12.2024.

2. According to the learned counsel for the petitioner, the authorized representative of the petitioner appeared before the respondent on 03.12.2024 and the matter was adjourned without giving any future date and no orders have been passed pursuant to the said enquiry conducted on 03.12.2024.

3. The said proceedings are initiated under Section 45-A of the Employees State Insurance Act, 1948 (in short, "the ESI Act"). The present writ petition has been filed on the apprehension that the respondent is likely to pass orders under Section 45-A of the ESI Act, in a mechanical manner, without considering the materials placed before them by the petitioner.

4. According to the learned counsel for the petitioner, on an earlier occasion, in spite of the petitioner placing all the relevant documents before the respondent in respect of the previous periods, the respondent has passed an order dated 01.02.2024 under Section 45-A of the ESI Act, in a mechanical manner, without addressing the objections and submissions made by the petitioner.

5. This Court, having heard the learned counsel for the petitioner at length, is unable to accept his contentions and to entertain this writ petition at this stage. The respondent has not passed any orders under Section 45-A of the ESI Act in respect of the financial years 2021-2022 to 2024-2025. Hence, this Court is of the view that it is for the respondent to pass appropriate orders under Section 45-A of the ESI Act and in accordance with law. This Court also expects that the respondent would duly take into consideration all the documents submitted by the petitioner and also consider the objections raised by the petitioner, while passing orders under Section 45A of the ESI Act, pursuant to the enquiry conducted on 03.12.2024 under the impugned notice.

6. In the light of the above, this writ petition is disposed of subject to the observations made herein above and the respondent shall strictly take into consideration the entire materials placed before them by the petitioner and also consider the objections that are already raised by the petitioner, while passing orders pursuant to the impugned notice. No costs. Consequently, connected miscellaneous petition is closed. 10.03.2025 NCC :

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Yes / No krk

MUMMINENI SUDHEER KUMAR, J.

krk and W.M.P.(MD) No.4395 of 2025 10.03.2025