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Judgment
Heard Sri Mohd. Islamuddin Ansari, learned counsel appearing for the petitioners and Sri Pasham Srinivasa Reddy, learned Standing Counsel appearing for respondent Nos.1 to 4. Perused the record.
This writ petition is filed to declare the action of respondent No.4 in issuing revised order bearing No.52Q/54837-1101 dated 13-02-2023 received by the petitioners on 01-03-2023 even before expiry of 15 days time granted in notice dated 10-02-2023 directing respondent No.5 freeze the bank account of the petitioners as illegal.
Perusal of record would reveal that petitioners are covered under the provisions of The Employees’ State Insurance Act, 1948 (for short ‘the Act’) with code No.52-00-054837-000-1101. Respondent No.3 has passed an order under Section 45A of the Act on 30-09-2019. Feeling aggrieved by the same, petitioners herein have filed an appeal under Section 45AA of the Act and the same was not considered by the appellate authority. Therefore, the petitioners herein have filed a writ petition vide W.P.No.19214 of 2020. This Court disposed of the said writ petition on 10-11-2020 and order dated 28-09-2020 was set aside and the matter is remanded back to the appellate authority to decide it afresh. Respondent No.5 was directed to pay an amount of Rs.6,40,000/- i.e., 25% of the ordered amount of Rs.25,47,188/- for the purpose of entertaining the appeal under Section 45AA of the Act. On receipt of the said 25% from respondent – bank, the appellate authority shall number the appeal and decide the same, in accordance with law.
In compliance with the said order, respondent No.2 had passed an order dated 05-05-2021 dismissing the appeal. There is no challenge to the said order. Thereafter respondent No.4 had issued notice dated 10-02-2023 directing the petitioners to pay an amount of Rs.33,45,637/- within 15 days of receipt of the said letter.
According to the petitioners, the same was served on petitioners on 27-02-2022. Without waiting for the said 15 days time, respondent No.4 had issued order dated 13-02-2023 under Section 45G of the Act. According to the petitioners, there are two accounts i.e., 50200001584945 and 00621930025359. Even, the order under Section 45-A of the Act dated 30-09-2019 is not on consideration of the entire material available on record and according to the petitioners, opportunity was not even given to them while passing the said order. The said facts were not considered by the appellate authority in the order dated 05-05-2021. Therefore, according to the petitioners, the said revised orders dated 13-02-2023 and 10-02-2023 are illegal.
The aforesaid contentions raised by the petitioners are factual aspects, which neither this Court nor the appellate authority can consider. The petitioners have to file an application under Section 75(1)(g) of the Act before the Employees Insurance Court constituted under Section 74 of the Act. The said Court will consider the aforesaid contentions raised by the petitioners after conducting full fledged trial. Petitioners will be given an opportunity to lead their evidence and also to cross-examine corporation witnesses. Petitioners can raise all the aforesaid contentions before the Employees Insurance Court in an application filed under Section 75(1)(g) of the Act. According to this court, the said remedy is not only alternative but also efficacious. Instead of doing so, petitioners herein have filed the aforesaid writ petition and also the present writ petition.
As discussed supra, an amount of Rs.6,40,000/- was transferred to the account of appellate authority pursuant to the aforesaid order dated 10-11-2020 in W.P.No.19214 of 2020. The said fact was also confirmed in the notice dated 10-02-2023 of respondent No.4.
In view of the aforesaid discussion, this Writ Petition is disposed of granting liberty to the petitioners to approach Employees Insurance Court by filing an application under Section 75 (1)(g) of the Act within ten (10) days from today. Liberty is also granted to the petitioners to file stay application and also an application seeking to waive or reduce the condition of deposit of 75% contending that respondent No.5 bank had already transferred an amount of Rs.6,40,000/- pursuant to the aforesaid order. Till 10 days from today, respondent Nos.1 to 4 are directed not to proceed further pursuant to the impugned revised orders dated 13-02-2023 and 10-02-2023. Liberty is also granted to the petitioners to pursue C.C.No.817 of 2021. There shall be no order as to costs.
As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.