IKIO Lighting Private Limited v. The Employees State Insurance Corporation
WPMS/2505/2025 · 2025-08-25
Manoj Kumar Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10445 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10445 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7513 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS/2505/2025 Hon’ble Manoj Kumar Tiwari, J.
Mr. Ashutosh Thakral, Advocate for the petitioner.
2. Mr. C.K. Shram, Advocate for the respondents.
3. An order was passed against petitioner under Section 45A of Employees’ State Insurance Act, 1948 on 11.02.2025, pursuant to which, a demand notice has been issued against him on 14.05.2025, asking him to deposit Rs.4,39,192/- within fifteen days.
4.
Learned counsel for the petitioner submits that the order under Section 45A of the Act was passed against petitioner without serving notice upon him, therefore, petitioner has moved an application seeking recall/review of the order dated 11.02.2025. He submits that the writ petition be
disposed of by directing the competent authority to consider petitioner’s application for review/recall.
5. Mr. C.K. Sharma, learned counsel appearing for the respondent submits that under Employees’ State Insurance Act, power of review is not available.
2025:UHC:7513
6.
Learned counsel for the petitioner submits that since the competent authority has not taken any decision, he may be
directed to decide petitioner’s application, one way or the other.
7. Accordingly, writ petition is disposed of by directing the respondent no. 2 to consider petitioner’s application and pass appropriate order, as per law, within six weeks from the date of production of certified copy of this order.
(Manoj Kumar Tiwari, J.)
25.08.2025
Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487df 006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA8 75643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.08.25 17:52:48 +05'30'