NARENDRA NATH TIWARI, J. - (1.) IN this writ petition, the petitioner has prayed for quashing the demand notice dated 24.8.2005, contained in Annexure -9, issued by the Employees State Insurance Corporation for recovery of the contribution for the period from April, 2004 to May, 2005.
(2.) IT has been stated that the petitioner has applied for exemption under the provisions of Employees State Insurance Corporation Act on the ground that the petitioner -company is providing better medical and other ancillary benefits to its employees, which is far in excess and better than that offered by the Employees State Insurance Corporation. Learned Counsel for the petitioner submitted that under similar situation, exemption had been given to this company as well as other company, namely, M/s. Tata Iron and Steel Company Ltd. during pendency of the said application for exemption. The respondent -Employees State Insurance Corporation has issued the impugned demand notice for recovery of the contribution for the said period and during pendency of the said petition for exemption, the respondents are insisting for payment of the amount of the. said demand notice. Learned Counsel for the petitioner submitted that since the petition for exemption is still pending, the demand of the amount is wholly arbitrary and unjust.
(3.) LEARNED Counsel appearing on behalf of the Employees State Insurance Corporation submitted that the petitioner is liable to pay the amount of the said demand notice as till date there is no order of exemption. There is no illegality or arbitrariness in issuing the demand notice.;