TAYO ROLLS LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for quashing the demand notice dated april 17, 2007 issued by the Deputy Director, employees State Insurance Corporation for recovery of the amount of contribution for the period from October 1, 1999 to September 30, 2006 for total demand of Rs. 1,14,38,354/ -. It has been stated that the petitioner has applied for exemption under the provisions of Sections 87 and 88 of the Employees State Insurance Act before the Secretary, Department of Labour, government of Jharkhand, Ranchi and the matter is still pending. In the meanwhile, the said demand notice has been issued. It has been stated that in the similar circumstances, several orders have been passed by this Court whereby the realization of the amount has been stayed till the decision of the competent authority on the prayer for exemption. The said position has not been disputed by learned counsel appearing on behalf of the respondents.

(2.) CONSIDERING the above, since the petitioner's application for exemption under sections 87 and 88 of the Employees State insurance Act is pending before the Secretary, department of Labour, Government of jharkhand, Ranchi, it is directed that further proceeding following the impugned notice shall remain in abeyance till final decision is taken on the petitioner's said application. The secretary, Department of Labour is directed to consider and dispose of the petitioner's application by a reasoned order in accordance with law after giving opportunity of hearing to the petitioner without further delay. However, the respondents shall be at liberty to proceed further and raise any demand, if the exemption is not granted to the petitioner by the competent authority.

(3.) WITH the above directions this writ petition is disposed of.