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The corporation may recover damages from the employer by way of penalty: High Court Of New Delhi

The present two petitions have been filed by the Petitioner seeking to quash the order dated 30th March 2020 by which damages have been imposed by the Employees State Insurance Corporation, and the same issue was held in the judgement passed by a single bench judge comprising JUSTICE PRATHIBA M. SINGH, in the matter M/S. vishakha FACILITY MANAGEMENT(P) LTD V. EMPLOYEES STATE INSURANCE CORPORATION W.P.(C) 3045/2020 and CM APPL. 10603/2020 M/S VISHAKHA FACILITY MANAGEMENT (P) LTD V. EMPLOYEES STATE INSURANCE CORPORATION dealt with an issue mentioned above

The first petition was W.P. (C) 3045/2020 wherein an interim order was granted on 5 th May 2020 directing that no precipitative action shall be taken till the next date of hearing, and the said order was continuing in the W.P.(C) 3030/2020 & W.P.(C) 3045/2020 said petition. Further, in W.P. (C) 3045/2020, on the strength of the interim order passed in W.P. (C) 3045/2020, an interim order was granted on 6th May 2020.

Later the petitioner was directed to deposit a sum of Rs. 50,00,000/-, as a condition for grant of an interim order, which was also not complied with. On 12th July 2021, a detailed order was passed by this Court vacating the interim orders granted in these matters. The said order is dated 12th July 2021.

Also, they mentioned the strength of the interim order passed in WP(C) 3045/2020, an interim order was also granted on 6th May 2020, in WP(C) 3030/2020. Thereafter, these two petitions was also been taken up together and similar orders have been passed.

Meanwhile, the vide order dated 9th September 2021 passed by this Court in W.P. (C) 5630/2020, time was granted to deposit the sum of Rs.50,00,000/-. The relevant extract from the order dated 9th September 2021. The said writ petition W.P. (C) 5630/2020 was disposed of

The court perused the facts and argument’s presented, it thought that- “Since there is no representation in these petitions for at least the last two hearings, the petitions are dismissed for non-prosecution. For the period during which the interim orders were in operation and indulgence was W.P.(C) 3030/2020 & W.P.(C) 3045/2020 enjoyed by the Petitioner, the Respondent would be entitled to recover interest as may be determined by the authorities. With these observations, the present petitions, and all pending applications, are disposed of”.

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Judgment Reviewed by: Mandira BS

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