Case Law Analysis
|Bombay High Court
Section 45-A ESI Act | Notice and Hearing Mandatory Before Coercive Recovery : Bombay HC Stays ESIC Proceedings Without Due Process
Bombay High Court rules that coercive recovery under Section 45-A of the ESI Act without prior notice and hearing violates principles of natural justice. The Court stayed recovery proceedings against a closed establishment, emphasizing procedural fairness before imposing liabilities on employers.