Arindam Sinha, J.:— Ms. Rath, learned advocate appears on behalf of petitioner and submits, impugned is order dated 14 September, 2016 made by the Insurance Court in not exercising discretion under sub-section (2-B) under section 75 in Employees' State Insurance Act, 1948. Her client had prayed for waiver of pre-deposit. Without reason, impugned order was passed directing her client to make the deposit on default direction.
2. Mr. Ray, learned advocate appears on behalf of the corporation and relies on view taken by a Division Bench of Allahabad High Court in Satyam Glass Works Industries v. Employees' State Insurance reported in 2007 LLR 750. A passage from paragraph-5 in the report is extracted and reproduced below.
“xx xx xx Therefore, reasons are compulsory statutory requirement when waiver or reduction is allowed but not when it is rejected. Therefore, order of rejection is a discretionary power and cannot be said to be substantial question of law. If it is allowed, the weaker section of the people will be affected. Therefore, Court is compelled to provide with reasons of waiver or reduction being statutory requirement otherwise such section of the people seem to be affected. There is no provision that reasons are also to be given when such prayer is rejected. xx xx xx”
3. Ms. Rath prays for adjournment to consider the judgment and also to rely on other authorities.
4. List on 30 January, 2023 along with W.P.(C) nos. 15994 of 2016 and 20398 of 2016.
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