1 58 fa.1211.11 - Amnesty Scheme ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1211 OF 2011 Balaji Cement Products Private Limited ... Appellant Versus Employees State Insurance Corporation. ... Respondent ­­­­­ Mr. Nitin Jamdar for the Appellant. Mr. H.V.Mehta for the Respondent. ­­­­­ CORAM : A.S.OKA, J. DATE : 18 th August, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 The challenge in this appeal is to the judgment and order dated 26 th March, 2010 passed by the Employees' State Insurance Court by which the application made by the Appellant under Section 75 of the Employees' State Insurance Act, 1948 (hereinafter referred to as “the said Act”) was rejected. The challenge in the said application was to the notice and order under Section 45­A of the said Act. 2 58 fa.1211.11 - Amnesty Scheme 3 The learned counsel appearing for the Appellant relied upon the Amnesty Scheme of the Employees' State Insurance Corporation. Under the Amnesty Scheme, which was in force from 1 st March, 2010 to 28 th February, 2011, the employees were required to fill in a prescribed form with the regional offices. It appears that the Appellant had applied under the Amnesty Scheme. The communication dated 28 th January, 2011 issued by the Deputy Director of the Employees State Insurance Corporation shows that the application was not considered only on the ground of pendency of a writ petition filed by the Appellant. The said communication shows that before the expiry of the Amnesty Scheme, the Appellant had applied for the benefit under the Amnesty Scheme. 4 The submission of the learned counsel appearing for the Respondent was that the Amnesty Scheme came to an end on 28 th February, 2011. However, on instructions, the learned counsel appearing for the Respondent stated that if the Appellant was to avail the said Scheme, he was required to pay a sum of Rs.2,74,854/­. 3 58 fa.1211.11 - Amnesty Scheme Accordingly, an affidavit is tendered today of Mr. D.Ram Reddy, Managing Director of the Appellant stating therein that the Appellant is willing to pay the said amount and in fact, a demand draft dated 17 th August, 2011 drawn in favour of the Employees State Insurance Corporation in the sum of Rs.2,74,854/­ has been handed over by the learned counsel appearing for the Appellant to the learned counsel appearing for the Respondent. 5 Thus, the Appellant has made necessary compliance by paying the amount payable as per the Amnesty Scheme. The communication issued by the Director General of the Employees' State Insurance Corporation is placed on record, which provides that the Amnesty Scheme was applicable even in cases where applications were filed under Section 75 of the said Act. As the Appellants applied under the Amnesty Scheme before 28 th February, 2011, the benefit of the said Scheme will have to be granted to the Appellant. 6 Hence, I pass the following order: 4 58 fa.1211.11 - Amnesty Scheme i. In view of the payment of a sum of Rs.2,74,854/­, the Appellant shall be granted benefit of the Amnesty Scheme by passing necessary order regarding waiver of damages ; ii. In view of the aforesaid payment, now the Respondent shall not take any coercive action against the Appellant on the basis of the impugned order passed under Section 45­A of the Employees' State Insurance Act, 1948 ; iii. As a result of the payment of the aforesaid amount, the Respondent shall defreeze the bank account of the Appellant with the State Bank of Hyderabad, the particulars of which have been set out in the affidavit of the Managing Director of the Appellant tendered today ; and iv. The appeal is disposed of on above terms with no order as to costs. [ A.S.OKA, J ]