IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7143 of 2010 1. BIRENDRA KUMAR S/O LATE SATYENDRA PRASAD SINGH MANAGING DIRECTOR OF M/S MRIGENDRA COLD STORAGE PRIVATE LIMITED, VILL.- RAJWARA, P.S.- BARAUNI, DISTT.- BEGUSARAI Versus 1. THE EMPLOYEES STATE INSURANCE CORPORATION, THROUGH ITS DIRECTOR GENERAL PANCHDEEP BHAWAN, JAWAHAR LAL NEHRU MARG, PATNA-1 2. THE INSURANCE COMMISSIONER, THROUGH ITS DIRECTOR GENERAL PANCHDEEP BHAWAN, JAWAHAR LAL NEHRU MARG, PATNA-1 3. THE REGIONAL DIRECTOR, THROUGH ITS DIRECTOR GENERAL PANCHDEEP BHAWAN, JAWAHAR LAL NEHRU MARG, PATNA-1 4. THE ASSISTANT DIRECTOR, REGIONAL OFFICE EMPLOYEES STATE INSURANCE CORPORATION, PANCHDEEP BHAWAN, JAWAHAR LAL NEHRU MARG, PATNA-1 5. RAJESH KUMAR S/O NAME NOT KNOWN DEPUTY DIRECTOR (REVENUE RECOVERY OFFICER), ESI CORPORATION, PANCHDEEP BHAWAN, JAWAHAR LAL NEHRU MARG, PATNA-1 ----------- For the Petitioner : Mr. Murari Narain Choudhary For the Respondents : Mr. R.K.Choubey. 2 17.5.2010 Petitioner challenges the coverage as done by ESI Corporation of its cold storage. He submits that even if ex parte order is passed the same has to be based on law. He submits that petitioner’s industry is a cold storage. As admitted by the respondents themselves , the cold storage does not operate year around. It is purely a seasonal. It manufactures nothing. The name of employees, as given, on alleged inspection does snot identify inasmuch as neither parentage nor addresses are recorded nor their statements have been recorded .In absence of these jurisdictional facts the coverage itself is illegal and without jurisdiction. - 2 - Having considered the matter, in my view, apparently the authorities have taken the views that once the petitioner refused to participate in the enquiry they had free hand in the mater and they were not required to set out the jurisdictional issue. In my view, the very coverage of the petitioner appears to be not in accordance with law. The order being an ex parte order is set aside with a direction to the authority to reconsider the matter afresh. No notice would be required to issue to the petitioner. Within one month from today, petitioner would appear before respondent no.3,( Regional Director, ESI Corporation, Patna), who would then fix a date not before two weeks and then would proceed to determine the applicability on the petitioner and then the liability in accordance with law. With the aforesaid observations and directions, the writ petition stands disposed of. singh (Navaniti Prasad Singh,J)