INDRAJIT SINHA Vs. RAJAN RAJ

JUDGEMENT

(1.) THE petitioner, in this writ petition, has prayed for quashing the order passed by the Joint Secretary to the Government, Labour, Employment and Training Department, Government of Jharkhand, contained in Order No.95 dated 18.1.2012 whereby final order has been passed on the application of the petitioner, refusing to grant exemption from operation of Employees State Insurance Act, 1948.

(2.) THE said order has been assailed on number of grounds. However, when this writ petition is taken up for hearing, Mr. Indrajit Sinha, learned counsel, appearing on behalf of the petitioner, submitted that the impugned order has been passed by an authority/officer who has not heard the petitioner and the same is null and void. Learned counsel submitted that from the materials on record it would be evident that the matter was heard by the Principal Secretary to the Government, Labour, Employment & Training Department, but the final order has been passed by the Joint Secretary to the Government, Labour, Employment & Training Department. The officer who heard the parties did not pass the order, rather the order has been passed by some other officer who did not hear the parties. There is, thus, blatant violation of the principle of natural justice and the order being a nullity is liable to be quashed.

(3.) LEARNED J.C. to A.A.G. appearing on behalf of Respondent No.1, argued that in view of the said decisions of the Supreme Court, the order cannot be held to be bad only because the same has been passed by the officer, who has not heard the petitioner.