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Judgment
Arindam Sinha, J
I.A. no.3322 of 2023
Mr. Mishra, learned senior advocate appears on behalf of petitioner and submits, impugned is inter alia, order dated 16th January, 2023 made under section 45-A of Employees’ State Insurance Act, 1948. He submits, it will appear on face of said impugned order that the first date of hearing on merits was fixed on 6th January, 2023. Unfortunately, for reasons explained in the petition, his client could not be represented. However, impugned order goes on to say that five earlier opportunities of personal hearing were granted and therefore there was proceeding ex parte to result in the determination.
He submits further, his client had put in petition for recall of said impugned order and for opportunity of hearing.
It is true that by the show cause notice, first date was fixed on 15th July, 2022. Subsequent thereto, on a contention raised by petitioner, the corporation itself adjourned the proceeding for obtaining legal opinion. The opinion was had on 30th November, 2022 saying that the corporation could proceed for the period, it being subsequent to the period, regarding which a writ petition filed was pending. From there petitioner reckons, next date fixed on 6th January, 2023 was the first date for hearing on determination for subject period.
Mr. Ray, learned advocate empanelled with the corporation is present in Court. Mr. Mishra serves copy of the petition to him. Mr. Ray prays for adjournment of ten days, to obtain instructions and submit.
List on 23rd March, 2023.
Impugned order will remain stayed till next date of hearing.
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