← Library
Madras High CourtWP(MD)/3485/2017disposed of

R.Indira v. The Joint Director

2017-02-28Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P(MD)No.3485 of 2017 R.Indira ... Petitioner vs.

The Joint Director, Employees State Insurance Corporation, Sub Regional Office (Madurai) , 2nd West Street, K.K. Nagar, Madurai.

... Respondent Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records relating to the impugned order of the respondent in his proceedings No.57/00/047756/000/0101/Ins-III/85-(B)/36/16 dated 25.01.2017 and quash the same.

For Petitioner : Mr.B.Prahalad Ravi For Respondent : Mr.K.C.Ramalingam

ORDER

The Employees State Insurance Act, 1948, is a self contained code and the order passed under Section 85-B of the Employees State Insurance Act, 1948, imposing damages for the delayed payment of contributions, is questioned in this writ petition. 2.Assailing the impugned order dated 25.01.2017, the petitioner contends that no opportunity was given to the petitioner.

3.This Court cannot go into the question as to whether the petitioner was given opportunity or not before passing the impugned order in this writ petition. As stated supra, the Employees State Insurance Act, 1948, is a self contained code and if the petitioner is aggrieved by the impugned order, it is open to her to challenge the same in accordance with law. With the above observations, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar[C] /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To The Joint Director, Employees State Insurance Corporation, Sub Regional Office (Madurai) , 2nd West Street, K.K. Nagar, Madurai.

+1cc to Mr.K.C.Ramalingam,Advocate,SR.11743 W.P(MD)No.3485 of 2017 28.02.2017 NBI KK-SKN-RSK-9.3.2017-2P-3C https://hcservices.ecourts.gov.in/hcservices/