Northern Motors Private Limited … vs Employees State Insurance … on 5 October, 2009

 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

                            FAO No. 1701 of 2009

                                      Date of decision : October 05, 2009

Northern Motors Private Limited through its Manager, Accounts, Jalandhar

                                                 .......Appellant
                      Versus
Employees State Insurance Corporation through its Regional Director,
Chandigarh and others

                                                         ........Respondents

CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR

Present :     Mr. Sandeep Jain, Advocate
              for the appellant

              Mr. B.S. Bhalla, Advocate
              for the respondents

NIRMALJIT KAUR, J. (ORAL)

This is an appeal against order dated 27.1.2009 passed by the

Judge, Employees Insurance Court, Jalandhar, order dated 12.4.2005

passed by the Asstt. Director and order dated 27.6.2005 passed by the

Recovery Officer, ESI for recovery of an amount of Rs. 66,378/- on account

of contribution for the period from 2000 to 2002.

Learned counsel for the appellant has invited attention of this

Court on Ex. P-27 which is part of the record to show that the respondent-

Corporation has included the cost of material while issuing the payment of

recovery of Rs. 66,378/- which is against the Act and law settled.

Learned counsel for the respondent, however, invited the

attention of this Court to the finding recorded by the Judge Employees

Insurance Court wherein the finding has been recorded that inspite of an

opportunity having been granted to the appellants, they sought

adjournment after adjournment and did not appear and as such conduct of

the appellant itself shows that they were not interested to get the

discrepancies removed and to clear their position before the respondent

department.

FAO No. 1701 of 2009 2

In view of the the above, at this stage, learned counsel for the

respondent on instructions from Mr. Mohinder Taneja, official of the

respondent stated that in case a representation is made to the Regional

Director with all the relevant documents they shall consider the same and

pass appropriate orders.

In view of the above, it would be fair, just and appropriate to

grant another opportunity to the appellant to represent their case.

Accordingly, the order dated 27.1.2009 passed by the Judge, Employees

Insurance Court, Jalandhar, order dated 12.4.2005 passed by the Asstt.

Director and order dated 27.6.2005 passed by the Recovery officer, ESI is

set aside with a direction that the appellant shall make fresh representation

alongwith documents to support his contention within two weeks from

receipt of the copy of the order subject to payment of Rs. 10,000/- as costs

by the appellant to the respondent.

The same shall be considered by the competent authority by

passing a speaking order within four weeks from receipt of the

representation.

Disposed off accordingly.

                                                        (Nirmaljit Kaur)
05.10.2009                                                Judge
reena