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2025 DAILYLAW 29829 (ALL)

M/S AUTHENTIC HUMAN JOBS SOLUTION PVT. LTD. v. DEPUTY DIRECTOR SUB REGIONAL OFFICE 2ND FLOOR ESIC HOSPITAL COMPOUND AND 2 OTHERS

WRIC/7941/2025 · 2025-05-14

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80624 Court No. - 33 Case :- WRIT - C No. - 7941 of 2025 Petitioner :- M/S Authentic Human Jobs Solution Pvt. Ltd. Respondent :- Deputy Director Sub Regional Office 2nd Floor Esic Hospital Compound And 2 Others Counsel for Petitioner :- Chandra Bhan Gupta Counsel for Respondent :- Brahm Deo Dwivedi,Rajesh Tewari Hon'ble Prakash Padia,J. 1. Heard Sri Chandrabhan Singh, learned counsel for the petitioner and Sri Brahm Deo Dwivedi, learned counsel for the respondents no.1 to 3. 2. The order dated 04.03.2025 passed by the respondent no.1- Deputy Director, Sub Regional Office, Lucknow under Section 45- A of the Employees State Insurance Act, 1948 is under challenge in the present writ petition. By the aforesaid order petitioner was directed to make the payment of Rs.21,88,437/- as arrears of contribution and payable by the employer in respect of the claim pursuant to the various show cause notice issued from time to time. 3. It is argued by counsel for the petitioner that at no point of time any notice was issued to the petitioner. The order impugned is non speaking order and without giving any cogent reasons same has been passed. It is further argued that out of the aforesaid amount a sum of Rs.13,93,559/- has already been recovered from the account of the petitioner, i.e., the Kotak Mahindra Bank, Canara Bank and ICICI Bank. Hence the order dated 04.03.2021 passed by the respondent no.1 be set aside and a direction be issued to pass fresh order. 4. On the other hand it is argued by counsel for the respondents that after taking into consideration all the aspect of the matter and since the contribution, which was payable by the employer, was not paid by him the order impugned has been passed. It is further argued that against the aforesaid order there is statutory provisions contained in the Act to file an appeal. It is further argued that since the aforesaid order was not complied with the bank account of the petitioner has been ceased. 5. From perusal of the record it appears that the order dated 04.03.2021 was passed by the respondent no.1 directing the petitioner to make the payment of Rs.21,88,437/- as arrears of contribution. It is stated in the aforesaid order that time and again opportunity was given to the petitioner for personal hearing and to produce any record for assessment but inspite of the same, nobody put up his appearance at the relevant time since covid-19 was going on and no notice was received by the petitioner. 6. In this view of the matter, the Court is of the opinion that the justice will sub-serve in case respondent no.1 is directed to pass fresh order after providing opportunity of hearing to the petitioner. 7. In this view of the matter, without interfering with the order dated 04.03.2021 passed by the respondent no.1 petitioner is directed to submit reply to the show cause notice issued by the respondent no.1 within a period of six weeks from today. If it is so the respondent no.1 is directed to pass fresh order within a period of two months, thereafter. The ICICI bank, Gorakhpur where the bank account of the petitioner is going on being Account No.031905006157 is directed to deduct a sum of Rs.5 lacs from the aforesaid amount and make the payment of said amount in favour of respondent no.1 by way of bank draft within a period of three week from today, thereafter, bank is directed to re-open the bank accounts of the petitioner, which was ceased for non compliance of the order dated 04.03.2025. 8. For a period of three months or till the time fresh order is passed, the effect and operation of the order dated 04.03.2021 passed by the respondent no.1 shall remain stayed. 9. Accordingly, present writ petition is disposed of. Order Date :- 15.5.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad