M/s Jeevan Rekha Hospital vs Employees State Insurance Corporation & Others

Manoj Kumar Tiwari, J

Petitioner is aggrieved by the order of recovery passed against him by Recovery Officer, Employees' State Insurance Corporation under Section 45-G(3)(x) of Employees State Insurance Act, 1948.

According to the petitioner, he has challenged the order of determination made by Corporation by filing a Misc. Case under Section 75 of E.S.I. Act, 1948 in the year 2017, which is pending before Employees Insurance Court/Civil Judge (Senior Division), Rudrapur, District Udham Singh Nagar and is registered as Misc. Application No. 22 of 2017. He further submits that petitioner's application, seeking stay of the order of determination made under Section 45-A, is pending before Employees Insurance Court. Thus, according to him, if the entire amount, as determined by the Corporation, is recovered from the petitioner, then it will cause irreparable injury to the petitioner and the purpose of filing Misc. Application would be frustrated.

Since petitioner's stay application is pending consideration before Employees Insurance Court, therefore, the writ petition is disposed of with a direction to Employees Insurance Court to consider petitioner's stay application as early as possible; but, not later than three weeks' from the date of production of certified copy of the order.

Till disposal of petitioner's stay application, no coercive action shall be taken against him pursuant to the impugned recovery order.