IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-01-2010 CORAM: THE HONOURABLE MR.JUSTICE M.JAICHANDREN W.P.No.610 of 2006 and W.P.M.P.No.717 of 2006 Saketh India Ltd., 60, Sipcot Industrial Complex, Hosur-635 126, rep. by its Manager. .. Petitioner. Versus 1.The Deputy Director Employees State Insurance Corporation, 143, Sterling Road, Chennai-600 034. 2.The Recovery Officer, Employees State Insurance Corporation, 143, Sterling Road, Chennai-600 034. .. Respondents. Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records relating to the order of the second respondent in proceedings No.TN/RECY/CP-1/51/45208-49/C.C.R.No.1480 to 1482, dated 19.11.2004 and quash the same. For Petitioner : Mr.R.Parthiban For Respondents: Mr.A.Paramasivam O R D E R This writ petition has been filed praying for a Writ of Certiorari, to call for and quash the order of the second respondent, dated 19.11.2004, attaching the properties of the petitioner for non-payment of the Employees State Insurance contributions. 2. The only contention raised by the learned counsel for the petitioner is that the petitioner has been declared to be a sick company, as per the provisions of The Sick Industrial Companies https://hcservices.ecourts.gov.in/hcservices/ (Special Provisions) Act, 1985, and therefore, the petitioner is not liable to pay the Employees State Insurance contributions. 3. At this stage of the hearing of the writ petition the learned counsel appearing on behalf of the respondents had placed before this Court a decision of a Full Bench of this Court, reported in Gowri Spinning Mills (P) Ltd. V. Assistant Provident Commissioner (2006(5) CTC 1), wherein it has been held that even if a company is declared to be sick, as per the BIFR proceedings, it is liable to pay the Employees State Insurance contributions. 4. The learned counsel appearing on behalf of the petitioner had not refuted the submissions made by the learned counsel for the respondents. 5. In view of the decision cited supra, the present writ petition stands dismissed. No costs. Consequently, connected writ petition miscellaneous petition is closed. csh Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To 1.The Deputy Director Employees State Insurance Corporation, 143, Sterling Road, Chennai-600 034. 2.The Recovery Officer, Employees State Insurance, Corporation, 143, Sterling Road, Chennai-600 034. + 1 cc to Mr. R.Parthiban, Advocate SR No.1388 + 1 cc to Mr. A. Paramasivam, Advocate SR No.1033 KJI(CO) SR/18.1.2010 W.P.No.610 of 2006 https://hcservices.ecourts.gov.in/hcservices/