M/S Rohan H.P. Gas Agency v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1894 of 2023 ====================================================== M/s Rohan H.P. Gas Agency Ward No. 36, Club Road, Mithanpura, P.O.- Ramana, District-Muzaffarpur-842002 through its Proprietress Mrs. Anamika Kumari (female) aged about 43 Years, Wife of Sri Ranjan Kumar. ... ... Petitioner/s

Versus

1.

Union of India through the Ministry of Labour and Employment, Govt. of India, 2.

Employees State Insurance Corporation, (under the Ministry of Labour and Employment), Govt. of India through its Appellate Authority-CumAdditional Commissioner, Panchdeep Bhawan, J. L. Nehru Marg, Patna800001. P.S. Kotwali, Distt.-Patna. 3.

Assistant Director-Cum-Authorized Officer, Regional Office, Employees State Insurance Corporation, Panchdeep Bhawan, J. L. Nehru Marg, Patna800001.P.S. Kotwali, Distt.-Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Kumar, Advocate For the ESIC :

Mr. Sudhir Kumar Bijpuria, Advocate Mr. Tarkeshwar Nath Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 24-03-2023 The petitioner challenges the order passed by the appellate authority and the original authority under Sections 45A & 45AA of the Employees' State Insurance Act, 1948 (hereinafter to referred as 'the Act of 1948'). Learned counsel appearing for the respondent Nos. 2 and 3 submits that an efficacious alternative remedy is available for adjudication of disputes and claim by preferring other dispute before the Employees' Insurance Court which is functional in terms of the Sections 74 and 75 of the Act of 1948.

Patna High Court CWJC No.1894 of 2023(2) dt.24-03-2023 2/2 Granting such liberty to the petitioner to avail the appropriate remedy, the writ petition is disposed of. (Sanjeev Prakash Sharma, J) Ashwini/- Item No.17 U