Bombay HC Sets Aside ESIC Order For Denying Hearing And Relying On Undisclosed Reports
Live LawBombay High Court: A single judge bench of Justice Sharmila U. Deshmukh set aside the Employees' State Insurance Corporation's rejection of Mondelez India Foods Pvt. The court found that ESIC violated principles of natural justice by dismissing the appeal without granting a hearing, despite disputed facts about when the company received the original order. He further argued that Mondelez never got a hearing before ESIC dismissed the appeal, and the Section 45A order relied on a report Mondelez never received. It noted that the ESIC wrongly rejected Mondelez's appeal without giving them a hearing, especially when the facts about when the order was received were disputed. Thus, since Mondelez didn't get a fair chance to contest ESIC's assessment, the court held that the order was unsustainable.
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