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2025 DIGILAW 924 (JHR)

Trf Limited v. State of Jharkhand

2025-03-18

RAJESH SHANKAR

body2025
ORDER : I.A. No. 3355 of 2021 in W.P. (L) No. 2199 of 2021: 1. The present interlocutory application was filed on behalf of the petitioner on 22 nd July, 2021 for staying the operation of impugned order dated 12 th March, 2021 as contained in memo no.352 issued by the respondent no.2 and the order dated 7 th July, 2021 issued by the Recovery Officer, Employees’ State Insurance Corporation, Ministry of Labour, Government of India having its regional office at Ranchi, Jharkhand. 2. Having heard learned counsel for the parties and considering that an interim order has already been passed in this case on 24 th July, 2021 and subsequently on 28 th February, 2022 in the present batch of writ petitions, there is no need to pass any further order in the present interlocutory application and the same is accordingly disposed of. I.A. No. 3381 of 2021 in W.P. (L) No. 2536 of 2021: 3. The present interlocutory application was filed on behalf of the petitioner on 7 th August, 2021 seeking stay of operation of letter no.2/353, dated 12 th March, 2021 and letter no.2/430, dated 30 th March, 2021 both issued under the signature of the Principal Secretary, Department of Labour, Employment and Training, Government of Jharkhand and its consequential letter no.60000010470000503/Ins. IV/192, dated 23 rd June, 2021 issued under the signature of Assistant Director (Ins. IV), Employees’ State Insurance Corporation. 4. Having heard learned counsel for the parties and considering that an interim order has already been passed in this case on 10 th August, 2021, there is no need to pass any further order in the present interlocutory application and the same is accordingly disposed of. I.A. No. 5502 of 2021 in W.P. (L) No. 2536 of 2021: 5. The present interlocutory application has been filed on behalf of the petitioner seeking amendment in the writ petition primarily challenging the order as contained in memo no.60000010470000503/Ins. IV/479, dated 16 th August, 2021 issued under Section 45A of the Employees’ State Insurance Act, 1948 by the Assistant Director, Authorised Officer (Ins. IV), Employees’ State Insurance Corporation- respondent no.5, whereby the payment of Rs.41,07,825/- has been determined and the petitioner has been directed to pay the same within 60 days from the date of the said order failing which the process of recovery would be started. 6. IV), Employees’ State Insurance Corporation- respondent no.5, whereby the payment of Rs.41,07,825/- has been determined and the petitioner has been directed to pay the same within 60 days from the date of the said order failing which the process of recovery would be started. 6. Learned counsel for the petitioner submits that the aforesaid order has been passed during the pendency of the writ petition that too after passing the interim order dated 10 th August, 2021. Under the said circumstance, the petitioner may be permitted to challenge the said order and to amend paragraph no.1 as well as prayer portion of the writ petition accordingly. It is also submitted that the proposed amendment has been detailed in paragraph nos.4 & 5 of the present interlocutory application. 7. Having heard learned counsel for the parties and for the reasons stated in the present interlocutory application, the petitioner is permitted to make amendment as proposed in paragraph nos.4 & 5 of the present interlocutory application. 8. I.A. No. 5502 of 2021 is, accordingly, disposed of. 9. The said amendment shall be treated part of the writ petition. I.A. No. 6128 of 2021 in W.P. (L) No. 3900 of 2021: 10. The present interlocutory application was filed on behalf of the petitioner on 23 rd October, 2021 for restraining the respondents from taking action pursuant to letter no. 60000010710000306/Ins. IV/587, dated 30 th August, 2021 issued under Section 45A of the Employees’ State Insurance Act, 1948 by the Assistant Director, Authorised Officer (Ins. IV), Employees’ State Insurance Corporation-respondent no.6 (Annexure-3 to the writ petition) as well as from releasing the demand in terms of Section 45A of the Employees’ State Insurance Act, 1948. 11. Considering that the present interlocutory application was filed more than three years back, I am not inclined to entertain the same at this belated stage. However, the petitioner is at liberty to prefer a fresh interlocutory application if the situation so arises. 12. I.A. No. 6128 of 2021 is, accordingly, dismissed with the aforesaid liberty. I.A. No. 6685 of 2022 in W.P. (L) No. 2661 of 2022: 13. The present interlocutory application was filed on behalf of the petitioner on 26 th July, 2022 seeking stay of operation of letter nos.3055, 3056 & 3057, all dated 30 th June, 2022 issued by the Assistant Director, Authorised Officer (Ins. I.A. No. 6685 of 2022 in W.P. (L) No. 2661 of 2022: 13. The present interlocutory application was filed on behalf of the petitioner on 26 th July, 2022 seeking stay of operation of letter nos.3055, 3056 & 3057, all dated 30 th June, 2022 issued by the Assistant Director, Authorised Officer (Ins. IV), Employees’ State Insurance Corporation-respondent no.5, whereby the respondent corporation computed the outstanding amount to be paid by the petitioner for the financial year 2020-21 & 2021-22 and the petitioner was directed to file show cause along with relevant documents/records as to why the computed amount should not be recovered from it. 14. Having heard learned counsel for the parties and considering that an interim order in this case along with other cases led by W.P. (L) No.2738 of 2022 has already been passed by a Bench of this Court on 5 th August, 2022, there is no need to pass any further order in the present interlocutory application and the same is accordingly disposed of. I.A. No. 6684 of 2022 in W.P. (L) No. 2668 of 2022: 15. The present interlocutory application was filed on behalf of the petitioner on 26 th July, 2022 seeking stay of operation of letter nos.3055, 3056 & 3057, all dated 30 th June, 2022 issued by the Assistant Director, Authorised Officer (Ins. IV), Employees’ State Insurance Corporation-respondent no.5, whereby the respondent corporation computed the outstanding amount to be paid by the petitioner for the financial year 2020-21 & 2021-22 and the petitioner was directed to file show cause along with relevant documents/records as to why the computed amount should not be recovered from it as well as letter nos.3052, 3053 & 3054, all dated 30 th June, 2022 issued by the respondent no.5, whereby the petitioner was directed to ensure the payment of the contribution. 16. Having heard learned counsel for the parties and considering that an interim order in this case along with other cases led by W.P. (L) No. 2738 of 2022 has already been passed by a Bench of this Court on 5 th August, 2022, there is no need to pass any further order in the present interlocutory application and the same is accordingly disposed of.