PRAJWAL ASHRAM TRUST Vs. REGIONAL DIRECTOR/ADDITIONAL COMMISSIONER, REGIONAL OFFICE (KARNATAKA), EMPLOYEES€™ STATE INSURANCE CORPORATION

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant.

(2.) What is challenged in this writ appeal is an order dated 16th July, 2020 passed by the learned single Judge on the writ petition filed by the present appellant. The impugned order is in the nature of an interim order and the writ petition is ordered to be listed on 14th September, 2020. What was challenged before the learned single Judge was the order dated 11th May, 2020 passed by the Employees' State Insurance Corporation directing the appellant to pay a sum of Rs.41,44,140/- (Rupees Forty One Lakhs Forty Four Thousand One Hundred and Forty only) as arrears of contribution. By the impugned order, the learned single Judge has recorded a prima-facie finding that the appellant has a statutory remedy of appeal under Section 45AA of the Employees' State Insurance Act, 1948 (for short, "the said Act of 1948"). The learned single Judge has noted that the order dated 11th May, 2020 was an ex-parte order and therefore, he observed that in order to give one more opportunity to the petitioner (appellant), it is necessary to issue emergent notice.

(3.) The learned single Judge, in the meanwhile, directed the appellant to deposit 25% of the demand by observing that, if the appellant had preferred an appeal under Section 45AA of the said Act of 1948, the appellant would have been liable to deposit 25% of the amount. He directed that the deposit of the amount will be subject to the result of the petition.