Calcutta High CourtVictor Moses & Co. & Another vs Employees' State Insurance ... on 5 April, 2011Author:Debasish Kar GuptaBench:Debasish Kar GuptaWP No. 1504 of 2010
                IN THE HIGH COURT AT CALCUTTA
                  Constitutional Writ Jurisdiction
                         ORIGINAL SIDE



            VICTOR MOSES & CO. & ANOTHER
                         Versus
     EMPLOYEES' STATE INSURANCE CORPORATION & ORS.



BEFORE:
The Hon'ble JUSTICE DEBASISH KAR GUPTA
Date : 5th April, 2011.

                                                         Appearance:
                                           Mr. Arunava Ghosh, Sr. Adv.
                                           Mr. Soumya Majumdar, Adv.


        The Court : None appears on behalf of the respondents whenthe matter is called on. No accommodation is prayed for.This writ application is directed against notices dated December

15, 1997, September 27, 2010, October 30, 2008 and September 27,

2010. By virtue of the aforesaid notices, the petitioner company was

directed to pay employer's contribution under theEmployees State

Insurance Act, 1948.It is submitted by the learned counsel appearing for the

petitioners   that on the basis of the settled principle of law a firm

cannot come within the purview ofE.S.I. Act.2Let the affidavit-in-opposition in the matter be filed within four

  weeks from date; reply thereto, if any, be filed within one week

  thereafter. Liberty is given to the parties to mention the matter before

  the appropriate Bench for early hearing after expiry of the aforesaid

  periods.Considering the prima facie case involved in this matter, I find

  that the balance of convenience and/or inconvenience is in favour of

  passing an interim order.     Therefore, the respondents are restrained

  from taking further steps on the basis of the impugned notices till

  disposal of this writ application.Liberty is given to the respondents to file application for

  vacating, variation and/or modification of this order.All parties concerned are to act on a photostat signed copy of

  this order on the usual undertakings.(DEBASISH KAR GUPTA, J.)




bp.AR(CR)