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Judgment
Arindam Sinha, J
The writ petition is taken up for hearing pursuant to record in order dated 3rd November, 2022.
Mr. Mishra, learned advocate appearing on behalf of petitioner and submits, rejection of exemption sought by his client is not relevant for adjudication of the writ petition since, under sub-section (4) in section 1 of Employees’ State Insurance Act, 1948, it is to be first determined whether the Act applies to his client. This was not done. Instead, notice issued under section 45A.
Mr. Ray, learned advocate appears on behalf of the Corporation. He draws attention to communication dated 2nd February, 2016 issued by the Under Secretary to petitioner.
“I am directed to invite a reference to your Letter No.14585 dated 29.11.2014. Memo No.6006 dated 23.07.2015 on the subject cited above and to say that Government after careful consideration have been pleased to order that proposal for exemption, prayed in the Letter under reference does not merit any consideration. Hence rejected.”
Petitioner will produce letter no.14585 dated 29th November, 2014 and memo no.6006 dated 23rd July, 2015.
The documents be produced in Court on copies served to Mr. Ray. The purpose is, in event petitioner had applied for exemption, the contention for their being adjudication on whether the Act applies to it, will be unnecessary on petitioner’s own conduct of having applied for exemption under the Act.
In event the documents are not produced, Court will adversely presume against petitioner.
List on 2nd December, 2022.
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