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Allahabad High Court · body

2013 DIGILAW 3132 (ALL)

Pratap Motors v. Asstt. Director, I. E. S. I. and 2 Ors.

2013-12-20

ARVIND KUMAR TRIPATHI

body2013
Arvind Kumar Tripathi, J:- Heard learned counsel for the petitioner, learned counsel for the respondents and perused the record. 2. By means of present writ petition the prayer is to issue writ of certiorari quashing the impugned order dated 21.11.2013 passed by respondent no.3 and further prayer is to issue writ of mandamus commanding the respondent no.1 to hear and decide the recall application filed by the petitioner dated 1.12.2013 with further prayer to issue writ of mandamus commanding respondent no.3, not to press to recover the amount as mentioned in the impugned order during pendency of the recall application before the respondent no.1. 3. Case of the petitioner is that petitioner have never engaged nine or above employees in his establishment and as such the provisions of Employees State Insurance Act, 1948 was not applicable. The petitioner was running Auto Workshop with the help of 4-5 persons. However, without giving any notice ex-parte order was passed under the provisions of Employees State Insurance Act, 1948 for payment of contribution towards insurance. When petitioner came to know regarding the recovery on the basis of ex-parte order dated 21.11.2013 then the representation/recall application was filed, however, the same is still pending and authorities are pressuring for recovery on the basis of ex-parte order dated 21.11.2013. 4. Learned counsel for the respondent submitted that there is right of appeal. 5. Considered the submission of learned counsel for the parties. Since the representation/recall application is pending to recall the ex-parte order hence respondent no.1 is expected to decide the same as expeditiously as possible without unreasonable delay after giving opportunity of hearing by a speaking and reasoned order. Till recall application dated 1.12.2013, annexure 2 to the writ petition, is decided the recovery in pursuance of the ex-parte order dated 21.11.2013 shall be kept in abeyance provided 25% of the amount is deposited with the respondent no.1, which shall be subject to order passed on the recall application. 6. Accordingly, present writ petition is finally disposed off. ________________