Madras High CourtWP(MD)/21079/2019dismissed

Sri Sastha Spinning Mills (P) Ltd., v. The Director General

2019-10-01Honourable Mr Justice M. Govindaraj2 pages

W.P.(MD)No.21079 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.21079 of 2019 and W.M.P.(MD)No.17708 of 2019 Sri Sastha Spinning Mills (P) Ltd., Rep. by its Managing Director, R.Jagadish Kumar : Petitioner Vs.

1. The Director General, Employees' State Insurance Corporation, Panchdeep Bhawan, Comrade Indrajeet Gupta (CIG) Marg, New Delhi-110 002.

2. The Regional Director, Regional Office, Employees' State Insurance Corporation, No.143, Sterling Road, Nungambakkam, Chennai-600 034.

3. The Deputy Director, Sub Regional Office, Employees' State Insurance Corporation, 2nd West Street, K.K.Nagar, Madurai-20.

4. The Joint Director, Sub Regional Office, Employees' State Insurance Corporation, 2nd West Street, K.K.Nagar, Madurai-20.

5. The Assistant Director, Sub Regional Office, Employees' State Insurance Corporation, 2nd West Street, K.K.Nagar, Madurai-20.

6. The Recovery Officer, O/o. The Recovery Officer, Sub Regional Office (Madurai), Employees' State Insurance Corporation, 2nd West Street, K.K.Nagar, Madurai-20.

: Respondents https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.21079 of 2019 PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents herein from moulting the liability of the writ petitioner and its employees to make contributions to the tune of Rs.3,54,640/- with interest and penal interest thereon for the disputed non covered period between 06/03 to 12/06 by taking into consideration of the judgment delivered by the Hon'ble Apex Court reported in 2006(6) Supreme Court Cases page No.581 relating to the case of Employees' State Insurance Corporation and others - Appellants Vs. Jardine Henderson Staff Association and others - respondents, dated 25.07.2006.

For Petitioner : Mr.A.Saravanan For Respondents : Mr.K.C.Ramalingam ******

ORDER

The writ petitioner, having suffered with an order of adjudication on 28.01.2011 at the hands of the respondents, now seeks a direction from this Court to forbear them from taking consequential action of recovery. Having accepted the order in the year 2011, it is not open to the petitioner to challenge the consequential orders. The Writ Petition with such prayer is not maintainable and accordingly, it is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD -II) // True Copy // Sub Assistant Registrar(CS ) +1 CC to Mr.K.C. RAMALINGAM, Advocate (SR-90695[F dated 01/10/2019 ) +1 CC to Mr.A. SARAVANAN, Advocate ( SR-90855[F] dated 01/10/2019 ) Order made in W.P.(MD)No.21079 of 2019 Dated: 01.10.2019 sml VB(16.10.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2