BHARAT CATERERS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this interlocutory application, the petitioner has prayed or addition of prayer in the writ petition for quashing the order dated 2nd/7th February, 2007, containing a demand notice, issued under Section 45A of the E.S.I. Act, 1948 (contained in Annexure -14) during the pendency of the writ petition.

(2.) IT has been stated that the petitioner has assailed the show cause notice against the said demand and, thereafter, the impugned order dated 2nd/7th February, 2007 has been passed during the pendency of the writ petition, which is based on the same facts and circumstances. Learned Counsel submitted that the amendment prayed for is intended to bring on record and add the subsequent event in the same matter and in order to avoid multiplicity of the proceeding.

(3.) IN this writ petition, the petitioner has prayed for quashing the order, as contained in Letter No. R -60 -15572 -112 -Ins II/417 dated 12th/13th December, 2006 (Annexure -10), whereby the petitioner has been given notice to show cause as to why assessment should not be made against him for recovery of a sum of Rs. 6,08,847/ -, which is the contribution of the employees of the petitioner, and is assessable under Section 45 of the Employees State Insurance Act (hereinafter to be referred to as 'the Act'). The petitioner, by way of amendment, has further prayed for quashing the order dated 2nd/7th February, 2007 (Annexure -14), whereby a sum of Rs. 6,08,847/ - has been determined and the order has been issued to recover the said amount under Section 45A of the Act.