IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 1701 of 2009 Date of decision : October 05, 2009 Northern Motors Private Limited through its Manager, Accounts, Jalandhar .......Appellant Versus Employees State Insurance Corporation through its Regional Director, Chandigarh and others ........Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR Present : Mr. Sandeep Jain, Advocate for the appellant Mr. B.S. Bhalla, Advocate for the respondents NIRMALJIT KAUR, J. (ORAL) This is an appeal against order dated 27.1.2009 passed by the Judge, Employees Insurance Court, Jalandhar, order dated 12.4.2005 passed by the Asstt. Director and order dated 27.6.2005 passed by the Recovery Officer, ESI for recovery of an amount of Rs. 66,378/- on account of contribution for the period from 2000 to 2002. Learned counsel for the appellant has invited attention of this Court on Ex. P-27 which is part of the record to show that the respondent- Corporation has included the cost of material while issuing the payment of recovery of Rs. 66,378/- which is against the Act and law settled. Learned counsel for the respondent, however, invited the attention of this Court to the finding recorded by the Judge Employees Insurance Court wherein the finding has been recorded that inspite of an opportunity having been granted to the appellants, they sought adjournment after adjournment and did not appear and as such conduct of the appellant itself shows that they were not interested to get the discrepancies removed and to clear their position before the respondent department. FAO No. 1701 of 2009 2 In view of the the above, at this stage, learned counsel for the respondent on instructions from Mr. Mohinder Taneja, official of the respondent stated that in case a representation is made to the Regional Director with all the relevant documents they shall consider the same and pass appropriate orders. In view of the above, it would be fair, just and appropriate to grant another opportunity to the appellant to represent their case. Accordingly, the order dated 27.1.2009 passed by the Judge, Employees Insurance Court, Jalandhar, order dated 12.4.2005 passed by the Asstt. Director and order dated 27.6.2005 passed by the Recovery officer, ESI is set aside with a direction that the appellant shall make fresh representation alongwith documents to support his contention within two weeks from receipt of the copy of the order subject to payment of Rs. 10,000/- as costs by the appellant to the respondent. The same shall be considered by the competent authority by passing a speaking order within four weeks from receipt of the representation. Disposed off accordingly. (Nirmaljit Kaur) 05.10.2009 Judge reena