- (1.) ON oral prayer made by Sri S. D. Kautilya, learned counsel for the petitioner, he is permitted to implead Regional Director, employees' State Insurance Corporation, panchdeep Bhawan, Sarvodaya Nagar, Kanpur as respondent No. 3 in the Writ Petition. Necessary amendments will be made in the Writ Petition during the course of the day.
(2.) THE present Writ Petition has been filed under Article 226 of the Constitution of India, inter alia, praying for quashing the Recovery notice dated September 10, 2008 (Annexure 1 to the Writ Petition) issued by the Recovery officer/deputy Director, Employees' State insurance Corporation, Kanpur (respondent no. 2 ). Further, prayer has also been made in the writ Petition that the respondents be directed to consider the claim of the petitioner under the kshamadan Swikriti Yojana (Apology accepting Scheme) by re-calculating the assessment dated February 9, 2004 as per rate and amount of wages fixed by the Officer of the respondents in the letter dated December 10, 2002 (Annexure 2 to the Writ Petition ).
(3.) IT is, inter alia, averred in the Writ petition that the petitioner is proprietor of Hotel padmini situated in Renukoot, District sonebhadra which was established in the year 1991 ; and that for the first time, the Officers of the respondents came to the Hotel of the petitioner on December 10, 2002, and after making inspection of Attendance-cum-Salary register for the period April 2001 to March 2002 directed the petitioner to deposit the contribution under the Employees' State insurance Act ; and that accordingly, the petitioner deposited the amount mentioned by the Officer of the respondents on December 13, 2002. It is, inter alia, further averred in the Writ petition that by letter dated February 9, 2004, the respondents issued notice informing the petitioner that he had not deposited the contribution as well as the returns in respect of the contribution for the period January 1994 to march, 2001. The said letter/notice made an ad-hoc assessment of the contribution as; amounting to Rs. 2,82,245/ -. Copy of the said letter/notice dated February 9, 2004 has been filed as Annexure 4 to the Writ Petition. It is, inter alia, further averred in the Writ petition that on a number of occasions, the petitioner informed the respondents regarding the discrepancies and anomalies committed in making ad hoc assessment and requested to re-determine the same as per existing entry from the month of April, 2001. It is, inter alia, further averred in the Writ petition that a complaint being Complaint No. 1705/2002 has been filed against the petitioner before the Chief Metropolitan Magistrate, kanpur under Section 85 of the Employees' state Insurance Act, 1948. It is, inter alia, further averred in the Writ petition that under the provisions of the employees' State Insurance Act, 1948, a scheme has been formulated by the government to settle the dispute in regard to the alleged defaulters who are willing to pay the amount, so that prosecution launched against them may be withdrawn.;