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A writ petition preferred by an aggrieved employer questioning the power of the Employees State Insurance Corporation (R-2) in issuing notice claiming payment of certain escaped contribution has been dismissed by the Madras High Court stating it was “misconceived”.
Mr Justice K. Chandru, who heard the petition from Hinduja Foundries Ltd (formerly known as Ennore Foundries Ltd), Chennai, challenging the proceedings initiated by Deputy Director, ESIC, Chennai pursuant to C18 notice dated September 14,2006, claiming contribution from petitioner for period 2000-01 to 2004-05, recalled that by the Central Act 18 of 2010 amending provisions of the ESI Act it was stipulated that ESI Corpn could not pass any orders in respect of the period beyond five years from the date on which contribution shall become payable.
If an order was made u/s 45-A, if not challenged, it could become final, thereby allowing authorities to enforce said order.
The employer, if aggrieved, had a right of raising a dispute before ESI Court u/s 75.
The employer had also every right of appeal to come to this Court u/s 82.
When there was enough forum provided to employer, they had come to this court even at a stage where before determination of dues from employer.
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