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Judgment
Arindam Sinha, J
Mr. Das, learned senior advocate appears on behalf of petitioner (establishment). He submits, impugned is communication dated 26th September, 2014 rejecting his client’s request for exemption. The rejection does not bear any reason. On query from Court he submits, his client had applied for exemption on letter dated 8th May, 2014.
Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State while Mr. Mohapatra, learned advocate, for the corporation. State has filed counter and petitioner, rejoinder thereto.
Text of impugned communication is reproduced below. “With reference to your Letter No.SMEL/P&A/ESIC/2014/34 dtd. 05.07.2014 on the above subject, I am directed to say that there are no valid grounds for considering the exemption of Shyam Metalics & Energy Ltd. from the purview of ESI Act. Hence your request for exemption is hereby rejected.” It bears reference to petitioner’s letter dated 5th July, 2014. On query from Court Mr. Sharma hands up his brief, which includes said letter dated 5th July, 2014. Perused said letter dated 5th July, 2014. By it petitioner had stated to the Principal Secretary, Labour and ESI Department that ESI primary dispensaries were not available at the location but around 30 kilometers away. That too they were not functioning properly in the period. The letter also states about nature of benefits available to employees of petitioner. In that view of things, it is clear that impugned communication was issued without stating any reason, to reject the claim for exemption.
Impugned communication is set aside and quashed. Opposite party no.1 is directed to consider petitioner’s application dated 8th May, 2014 along with, inter alia, its letter dated 5th July, 2014 regarding the claim for exemption in the period. In event rejection of the claim is to be reiterated, reasons therefor must be given. In revisiting the claim opposite party no.1 may require assistance from petitioner and the corporation by way of hearing.
The writ petition is disposed of.
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