MADRAS FERTILIZERS LTD Vs. ESI CORPORATION

JUDGEMENT

(1.) Being dissatisfied with the order dated 29.3.2010 passed by the Learned Single Judge in W.P. No. 14642 of 2000, the Management of Madras Fertilizers Ltd. (for short, 'Management') has projected the instant Appeal before this Court. In the order under appeal, the learned Judge dismissed the Writ Petition filed by the Management seeking to quash the order dated 4.8.2000 issued by the Regional Director, Employees' State Insurance Corporation (for short, 'ESI') and the Notice dated 24.8.2000 issued by the Recovery Officer under section 45-G of the Employees' State Insurance Act, 1948.

(2.) Heard the learned Counsel representing the appellant Management and the learned Counsel appearing for the respondents and perused the records.

(3.) Learned Counsel for the Appellant/Management submits that by virtue of the stay obtained in various connected writ petitions, the Management was not in a position to comply with the provisions of the ESI Act for the period between 4/1992 to 9/1995 and 1/1997 to 7/1999. Added further, the learned Counsel projects an argument that the order impugned in the Writ Petition was passed even while the orders of interim stay were in force. He further submits that by virtue of Notification issued by the Government raising the salary ceiling to Rs. 6500/-, the question of implementing the provisions of the ESI Act does not arise. Proceeding further, the learned Counsel for the Management takes a plea mat the appellant Company is a sick company as such declared by the Board for Industrial and Financial Reconstruction. According to him, the learned Single Judge, without considering these aspects, has committed an error in dismissing the prayer of the Management and sought for the interference of this Court.