High Court of Judicature at Allahabad
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M/S. Marwa Engineer Through Its Proprietor Sri Harjit Marwa v. The Regional Deputy Director, Employees State Ins. & Another - WRIT - C No. 25715 of 2007  RD-AH 10261 (29 May 2007)
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner and Sri P. K. Pandey appearing for the respondents.
By this writ petition the petitioner has prayed for quashing the impugned order dated 12/21.2.2007 and the notice dated 2.4.2007. By order dated 12/21.2.2007 the respondent took the decision that the petitioner is covered by the provisions of Employees Insurance Act, 1948. The order has also been passed for payment of Rs.34,857/- for the period July, 2002 to September, 2003. Petitioner's case is that petitioner has appeared before the authorities and has submitted detailed representation that the petitioner is not covered . The petitioner has stated that he has already filed an affidavit which was not taken into consideration. After passing of the order petitioner submitted an application dated 29.3.2007 to the Assistant Director praying that one more opportunity be given to him to produce all relevant documents.
I have considered the submissions of counsel for the petitioner and perused the record.
In view of the fact that the petitioner prayed for an opportunity to produce the relevant documents but an adverse inference was drawn by the Assistant Director on not producing the entire documents, ends of justice be served in giving one more opportunity to the petitioner before the Assistant Director to place all the relevant documents.
In the facts of the present case the writ petition is disposed of directing the Assistant Director to take appropriate decision on the application dated 29.3.2007 by giving an opportunity to the petitioner to produce all relevant documents. It will be open for the Assistant Director to take afresh decision after considering the documents. It is, however, made clear that this Court is not expressing any opinion on the merits of the claim.
With the above observations the writ petition is disposed of. The petitioner's counsel undertakes that all relevant materials and documents shall be produced before the respondent no. 2 within one month from today. The Assistant Director shall take decision expeditiously preferably within one month from the date of production of a certified copy of this order.
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