D.K. ENTERPRISES Vs. ASST. DIRECTOR (REVENUE), ESIC

JUDGEMENT

(1.) This Writ Petition has been preferred challenging the orders, both dtd. 17/1/2018/ 19/1/2018, passed by the Asst. Director (Rev-II), ESI Corporation, under Sec. 45-A of the Employees State Insurance Act,1948, shortly, 'The Act, 1948', so also consequential orders dtd. 11/12/2019 as at Annexure-7 and dtd. 27/1/2020 as at Annexure-9, passed by the Recovery Officer respectively.

(2.) The sole ground of challenging the said orders is that, despite filing nil return and intimating the E.S.I. Authority that the Petitioner-Contractor's Establishment is not undertaken any work after September, 2013, without due notice and affording reasonable opportunity to have its say and produce relevant documents, the Authority concerned proceeded ex parte against it and passed the impugned orders as at Annexure-5 series behind the back of the Petitioner-Establishment.

(3.) Controverting the said stand taken in the Writ Petition, a Counter Affidavit has been filed by the Opposite Parties-Corporation to substantiate its action to be legal and justified, apart from technical grounds as to non-maintainability of the Writ Petition on the ground of availability of alternative remedy.