a. k. goswami,j. - (1.) Heard Mr. P. Bora, learned counsel for the petitioner. Also heard Mr. K. K. Nandi, learned Standing Counsel, Employees' State Insurance Corporation (Corporation), appearing for all the respondents.
(2.) The relevant facts, for the purpose of disposal of the writ petition, are that the petitioner was allotted an industrial Shed at the Industrial Estate, Tinsukia, in the year 1975 and he had established a Printing Press in the name and style of "Assam Paper Industry", which was a Small Scale Industry. It is averred that the industry, having run into rough weather, had been closed down in the year 1992. It is pleaded that the industry, at no point of time, employed 10 numbers of employees or more and, therefore, the provision of the Employees' State Insurance Act, 1948 (in short, 'the Act) is not applicable. Yet, on the basis of a perfunctory enquiry conducted by the Inspector, without serving notice and without verifying the relevant records, the Corporation came to the conclusion that the petitioner is liable to make contribution under the Act. Aggrieved, the petitioner submitted a representation to the authority. Without disposing of the said representation, demands were raised from time to time, details of which may not engage the attention of the Court.
(3.) The writ petition came to be filed against an order/summons dated 10.06.2010 issued by the Recovery Officer, N.E.R., Guwahati, directing the petitioner to attend his office on 30.06.2010 in connection with the recovery of statutory ESI dues/balance, amounting to Rs.2,00,813/- only plus further interest, along with the details of personal moveable and immovable property and bank accounts in respective banks, in writing. It was also indicated that failure to appear pursuant to the summons may invite issuance of warrant of arrest, attachment and sale of property, fine not exceeding Rs. 5,000/- and issuance of order to furnish security for his appearance and, in default, committing him to civil prison.;