Home Case Index All Cases Companies Law Companies Law + HC Companies Law - 2009 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (4) TMI 441 - HIGH COURT OF ANDHRA PRADESHValidity of the notice of admission/rejection of proof of debt passed by the Official Liquidator in Form No. 69 on 30-9-2008, admitting a sum of ₹ 74,366.54 as an unsecured debt of M/s. Kera Sinter Ltd., towards the appellant-Corporation questioned Held that:- The facts in this case reveal the lazy and laid back approach of the corporation. By its own conduct, it had committed a default in recovering contributions from the employer, which form the backbone for the ultimate benefits and purpose for which the fund was required to be expended. For all its failure, the corporation cannot now indulge in a cover up action by attempting to pass belatedly orders under section 85B of the Act. One wonders whether such sums can be recovered at all after lapse of several years, in disregard of the period of limitation provided for any such recoveries. Much has been left to be desired in the entire matter. Since there could be possibly several other instances of similar wilful default, let a copy of this order be marked to the Accountant General, Andhra Pradesh, Hyderabad, as well as to the Ministry of Labour, Employment and Training, Government of India, New Delhi, who would be exercising the necessary control under sections 34 and 35 of the ESI Act and ensure a corrective measure. For all the aforesaid reasons, the appeal preferred by the ESI Corporation fails and is accordingly, dismissed.
|