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M/S. FICUS POLYMERS LTD. versus THE EMPLOYEES STATE INSURANCE CORPN.

High Court of Kerala

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M/S. FICUS POLYMERS LTD. v. THE EMPLOYEES STATE INSURANCE CORPN. - WP(C) No. 1818 of 2007(N) [2007] RD-KL 1688 (22 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1818 of 2007(N)

1. M/S. FICUS POLYMERS LTD.,
... Petitioner

Vs

1. THE EMPLOYEES STATE INSURANCE CORPN.,
... Respondent

2. THE BRANCH MANAGER,

3. THE REGIONAL DIRECTOR,

For Petitioner :SRI.JOHNSON MANAYANI

For Respondent : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :22/01/2007

O R D E R

C.N.RAMACHANDRAN NAIR, J.


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W.P.(C)NO.1818 OF 2007
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Dated this the 22nd day of January 2007



JUDGMENT

Petitioner is challenging criminal prosecution launched for non payment of ESI contribution. Standing Counsel submitted that petitioner can apply for amnesty scheme and get the benefit and if petitioner wants to contest it, petitioner can approach the ESI court by filing appeal. In any case, since petitioner has statutory remedy before the ESI court, writ petition is disposed of directing petitioner to deposit the amount under protest within six weeks from now and if payment is made, then there will be a direction to criminal court to withhold the prosecution proceedings till disposal of proceedings before the ESI court. Thereafter petitioner will file in the Magistrate's Court a copy of petition filed in the ESI court along with copy of receipt after making payment under protest as above. ESI court is directed to dispose of the case within three months from filing the petition. Writ petition is disposed of as above.

C.N.RAMACHANDRAN NAIR, JUDGE

jes


Copyright

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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