NITRO AROMATICS Vs. REGIONAL DIRECTOR

JUDGEMENT

(1.) THE petitioner has filed this petition under Article-226 of the Constitution of India, praying for quashing and setting aside the impugned order passed by the respondent No.1 on 16.09.2010 in E.S.I. Application No.5/2001. THE petitioner has also prayed for quashing and setting aside the notice, for recovery of damages, dated 29.10.2010 and 11.11.2010.

(2.) THIS Court has issued notice on 08.12.2010. Pursuant to the notice Mr. Sachin D. Vasavada, learned advocate appears on behalf of the Corporation.

(3.) IT is also the case of the petitioner that after about six years, the respondent No.1 raised demand vide letter dated 20th August, 1998 for the contribution for the period from 01.04.1990 to 31.03.1992. The respondent, thereafter passed an order under Section 45-A of the ESI Act, raising the demand of Rs.10,31,155/- along with 15% interest for the period from 01.04.1990 to 31.03.1992. Being aggrieved by the said order, the petitioner made a representation on 07.09.2000 for reverification of the records. IT appears that pending consideration of the said representation, the respondent No.1 directed the petitioner to pay an amount of Rs.2,70,593/- along with interest at the rate of 15%. IT is the case of the petitioner that on payment of the said amount as well as interest of Rs.1,87,090/-, no further demand would be raised against the petitioner and accordingly the said amount was paid by the petitioner.