1. This writ application has been preferred praying for direction to restrain
the respondent nos.2 and 3 being the Employees State Insurance
Corporation (ESIC) authorities from giving effect to the notice dated 5 th
December, 2019 (received by the petitioner on 6 th December, 2019)
bearing no.N/Ins.I/41000614330001002/6791 and 6792.
2. Vide the impugned notice dated 5 th December, 2019, the Deputy Director
of ESI Corporation passed a reasoned order in compliance with the
Hon’ble Court’s order dated 26.08.2019, in WP No.356(W) of 2019,
wherein the authority held as follows:-
“The authorized representative, Shri Kamalesh
Prakash Gupta appeared before the authorized officer
for Personal Hearing on 31.10.2019 and submitted a
letter dated 30.10.2019. But Shri Gupta did not
produce any other records. The employer in their
letter dated 30.10.2019 stated that the Company is
only carrying the business of manufacturing of tea
which is fully exempted as per Section 1(4) read with
2(19A) of the ESI Act. In their letter, the employer also
stated that their Registered Office situated at 3B, Lal
Bazar Street, 2nd Floor, Kolkata-700 001 is
established solely for the purpose of administrative
activities i.e. office purpose of the tea estate at Assam
and as such no manufacturing process or commercial
activities is being carried out. The office of the Estate
situated at above mentioned address has been
covered under Sec. 1(5) of the E.S.I. Act. 1948 with
effect from 01.04.2013 on the basis of the strength of
employment of 18 employees.
