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2025 DAILYLAW 135178 (ALL)

M/S CRESENT PUBLIC SCHOOL ESIC CODE NO. 300006107900013 THRU. MANAGER ABDUL WADOOD v. THE ASST. DIRECTOR/AUTH. OFFICER,EMPLOYEES STATE INSURANCE CORP. SUB REGIONAL OFFICE,LKO. AND ANR.

WRIC/3756/2025 · 2025-04-24

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23337 Court No. - 6 Case :- WRIT - C No. - 3756 of 2025 Petitioner :- M/S Cresent Public School Esic Code No. 300006107900013 Thru. Manager Abdul Wadood Respondent :- The Asst. Director/Auth. Officer,Employees State Insurance Corp. Sub Regional Office,Lko. And Anr. Counsel for Petitioner :- D.P. Dutt Tiwari Counsel for Respondent :- Shishir Pradhan Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner and Sri Shishir Pradhan, learned Counsel for the opposite parties no.1 and 2. 2. The present petition has been filed challenging an order dated 12.02.2019 passed under Section 45-A of the Employees' State Insurance Act, 1948. 3. The submission of the Counsel for the petitioner is that a show cause notice was sent on 25.06.2018 and thereafter on 19.02.2019. None of the show cause notice was ever served upon the petitioner and the order came to be passed on 12.02.2019 i.e. on a day prior to the second show cause notice sent on 19.02.2019. The order impugned also records that no opportunity was granted and no one appeared on behalf of the petitioner. 4. In view thereof and considering the mandate of Section 45-A of the ESI Act, which provides for mandatory hearing, the order impugned dated 12.02.2019 is quashed. The writ petition is allowed. 5. The respondents would be at liberty to pass a fresh order in accordance with law and the petitioner would be entitled to take all grounds that may be available to him under law. Order Date :- 24.4.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench