The present case is taken up through video conferencing.
Mr. V.P.Singh, learned Senior Counsel for the petitioner, submits that the words ""State of Jharkhand"" have wrongly been mentioned in the description
of the respondent no. 3, hence it is prayed that the said part of description of the respondent no. 3 may be ordered to be deleted.
Ordered accordingly.
Considering the present situation prevailing due to outbreak of coronavirus (Covid-19) pandemic, office is directed to delete the words ""State of
Jharkhand"" mentioned in the description of the respondent no. 3, as prayed above, in the cause title of the writ petition.
The present writ petition has been filed for quashing the prohibitory order as contained in letter dated 07.12.2020 issued by the respondent no. 3- the
Recovery Officer, Employees State Insurance Corporation, Namkum, Ranchi, in E.S.I. Case No. 13 of 2019 whereby the said respondent has
directed the Branch Manager, Bank of India, Telco Town Branch, Telco, Jamshedpur to prohibit and restrain the petitioner from operating the Bank
Account No. 450120100010081 and to freeze its other Account(s) if existing in any other Branch of the said Bank by informing the same to the
respondent no. 3, despite the orders of Labour Court, Jamshedpur passed on 04.01.2020 and 20.01.2020 directing no coercive step to be taken against
the petitioner.
Mr. V.P. Singh, learned Senior Counsel for the petitioner, while assailing the impugned prohibitory order dated 07.12.2020, submits that the respondent
no. 3, despite the orders dated 04.01.2020 and 20.01.2020 passed by the Labour Court, Jamshedpur in E.S.I. Case No. 13 of 2019, proceeded to issue
the same with undue haste. It is further submitted that in fact the proceeding initiated against the petitioner under Section 45(A) of Employees' State
Insurance Act, 1948 had not been concluded before issuance of the prohibitory orders dated 20.12.2019 as well as 07.12.2020 (impugned herein).
Mr. Ashutosh Anand, learned counsel appearing on behalf of the respondent nos. 2 and 3, submits that in pursuance of impugned prohibitory order
dated 07.12.2020, the due amount against the petitioner has already been remitted by the Bank except the outstanding dues/interest to the extent of
Rs.1,525/-.
Keeping in view that the substantial amount in pursuance of the prohibitory order dated 07.12.2020 issued by the respondent no. 3 has been realized
from the concerned bank account of the petitioner, the same shall henceforth be defreezed for its normal operation. The realization of the amount in
pursuance of the impugned prohibitory order dated 07.12.2020 issued by the respondent no. 3 shall be subject to the outcome of the writ petition.
I.A. No. 6501 of 2020 stands disposed of.
Mr. Ashutosh Anand, learned counsel for the respondent nos. 2 and 3, prays for and is allowed three weeks' time to seek instruction and file counter
affidavit.
Put up this case after three weeks under the heading ""For Admission"".
