- (1.) In this writ petition, the petitioner has prayed for quashing the demand notice dated 14.1.2011, contained in Annexure-8, whereby the petitioner has been directed to pay a sum of Rs. 1,18,676/- and on failure is to be made liable for recovery under Section 45(c) to 45(i) of the Employees State Insurance Act, 1948 (hereinafter to be referred as the said Act). The order has been challenged mainly on the ground that the order has been passed without giving proper opportunity of hearing to the petitioner and the order is not based on any material or evidence on record and is wholly perverse and illegal.
(2.) It has been submitted that the provisions of the said Act are applicable where more than ten persons are employed in a factory or establishment. There is nothing on record to show that more than ten persons were employed in the petitioner's establishment.
(3.) It has been stated that a notice to show-cause was issued to the petitioner. In response to the notice, he had appeared and prayed for time by filing an application dated 23.8.2007 (Annexure-4). His application was not rejected. The petitioner was in the hope that a date of hearing shall be fixed thereafter and he shall be given opportunity of hearing. However, no information was given to the petitioner fixing any date of hearing. After a long lapse of time of about three years, the matter was suddenly taken up and the impugned order has been passed behind the back of the petitioner without giving him any opportunity of representation/hearing.;