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M/S R.B. PACKAGING INDUSTRIES THRU ITS PARTNER versus THE REGIONAL DIRCTOR, E.S.I.C. AND OTHERS

High Court of Judicature at Allahabad

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M/S R.B. Packaging Industries Thru Its Partner v. The Regional Dirctor, E.S.I.C. And Others - WRIT - C No. 11418 of 2007 [2007] RD-AH 3701 (2 March 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner and Sri P. K. Srivastava appearing for the respondents.

By this writ petition  the petitioner has prayed for quashing the order dated  31.12.2004 passed by the respondent No. 2 under Section 45A of the Employees State Insurance Act  for the period from 1.10.2003 to 31.3.2004.  Petitioner's case in the writ petition  is that  in reply to the notice  the petitioner has submitted  its objection  and date was fixed  as 27.12.2004.  Petitioner's  further case is that  on the said date petitioner could not appear and a fax was sent  requesting for adjournment . However, without taking notice of the said request the order has been passed on 31.12.2004.  Petitioner submits that an application has already been made on 30.5.2005 for recall of the order dated 31.12.2004 but the same has not been decided and a recovery  notice has been issued on 29.1.2007.  Considering the submission of the petitioner  that an application was filed on 30.5.2005  which is for recall of the  order on the ground  that it was  ex parte is still pending, ends of justice be served  in disposing of the writ petition   directing the respondent no. 2 to consider and take appropriate decision on the application  dated 30.5.2005.  In case the said application has not yet been decided, the decision shall be taken by the respondent no. 2 preferably within a period two motnhs from the date of production of a certified copy of this order .  Till the decision is taken by the respondent no. 2 the recovery notice dated 27.1.2007 shall be kept in abeyance.  However,  it will be open to the respondent  to proceed in accordance with law after disposal of the said application.

With the above observations the writ petition  is disposed of.  

D/-2.3.2007

SCS/11418


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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