PANCHAJANYA PRESS Vs. DY. DIRECTOR (REVENUE)

JUDGEMENT

(1.) Mr. Mishra, learned advocate appears on behalf of petitioner. He submits, his client is a proprietorship firm. His client is carrying on business of the firm after death of his father on 27/4/2013. Impugned order and notice, being respective annexures 3 and 5, were pursuant to show-cause notice dtd. 7/12/2015 issued against the establishment and deceased father of petitioner. Though his client pointed out demise of original proprietor yet impugned order and notice came to be issued. In the circumstances, petitioner was denied opportunity of hearing.

(2.) Mr. Ray, learned advocate appears on behalf of the Corporation and on query from Court submits, passing away of his father was noticed in impugned order dtd. 2/8/2017 made under sec. 45-A of Employees' State Insurance Act, 1948.

(3.) Impugned order and notice are set aside and quashed. This will not prevent the Corporation from initiating fresh proceeding.