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Judgment
Sanjay Kumar Dwivedi, J
It has been disclosed in the petition that the competent authority has decided that the Employees State Insurance Act shall be applicable upon the establishment with effect from 2017. However, demand has been issued for the year, 2015-16.
It has been further submitted that principal amount to the tune of Rs.5,75,526/- have already been deposited. It has been further submitted that the demand of interest has further been demanded for that certificate case has been instituted against the establishment in question.
It has further been stated that the authority under the ESIC Act is not available under Section 45AA of the said Act, which is the provision of appeal, and that is why the writ petition has been filed.
In view of the above, let notice be issued upon the respondent nos.2 to 4 in the I.A. as well as in the main petition by registered post with A/d as well as under ordinary process for which requisites etc. must be filed by tomorrow.
In view of the above facts and considering that the appellate authority is not sitting, the petitioner has already paid the principal amount, only interest is demanded is required to be paid, the applicability of the Act with retrospective effect is one of the question to be decided in this writ petition, there shall be stay of further proceeding in connection with Certificate No.6000159113000/000001 dated 27.12.2021, pending in the court of Recovery Officer, Employees State Insurance Corporation Regional Office, Jharkhand Employees State Insurance Corporation, Namkum, Ranchi till next date.
Let it appear on 17.06.2022 within top ten cases before the Bench having the roster.