JAPS TECH ENGINEERS PRIVATE LTD Vs. RECOVERY OFFICER

JUDGEMENT

(1.) By consent, the writ petition itself is taken up for hearing.

(2.) The petitioner assails a prohibitory order dated 14.3.1996 passed by the Recovery Officer, by exercising the powers conferred under Section 45(g)(3)(x) read with Sections 45-C and 45-H of the Employees State Insurance Act, 1948 (hereinafter referred to as the 'ESI Act'), for the failure of arrears due by the second respondent in respect of the Certificate dated 7.7.1995 amounting to a sum of Rs.1,00,708.07 and the interest payable under Section 39(5)(1) of the ESI Act.

(3.) According to the learned counsel for the etitioner, the Recovery Officer has no jurisdiction to pass the impugned prohibitory order. To buttress the above submission, the learned counsel for the petitioner has invited my attention to Section 45-D(1) and 45-G(1) of the ESI Act, which reads as follows. Section 45-D: