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Judgment
Arindam Sinha, J
Mr. Mishra, learned advocate appears on behalf of petitioner (establishment). He submits, though his client was noticed but was unable to appear and represent its case for determination of the dues. This is because the Secretary of the establishment, who was responsible, had committed gross irregularities in the fund management. Hence, his client has moved Court for direction to set aside impugned order dated 28/29th August, 2018 made under section 45-A in Employees’ State Insurance Act, 1948, for another opportunity to his client to represent its case.
Mr. Ray, learned advocate appears on behalf of the corporation and demonstrates from impugned order itself that notices were duly issued but petitioner did not avail the opportunity. He submits, in the circumstances, petitioner has alternative remedy of approaching the insurance Court.
Petitioner has disclosed reason for being unable to represent its case pursuant to notices issued and culminating in, issuance of impugned order of determination of dues. Pursuant to the determination, demand was also raised. The reason disclosed points to a situation alleged to have been caused by the Secretary of the establishment, on whom the trustees had reliance. There is also disclosure in the writ petition to show that the Secretary had resigned thereafter on 28th February, 2019. In the facts and circumstances, it would be in the interest of justice to direct the corporation to allow petitioner one more opportunity of hearing. For the purpose impugned determination and subsequent demands are set aside and quashed. Petitioner through its duly authorized agent in that behalf will present its case with all relevant records to opposite party no.1 on 22nd March, 2023 at 3:00 P.M. Said opposite party will, in that hearing to be given or on further hearings, determine the dues and accordingly issue demand.
Mr. Mishra submits, there be direction for adjustment of recoveries made in the meantime. The submission stands recorded.
The writ petition is disposed of. .
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