Patna High CourtL.P.A/992/2017dismissed

St. Paul International High School v. The Employees State Insurance Corpoartion And ANR

2017-11-16The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.992 of 2017 ====================================================== St Paul International High School having it's office at Laxmi Sadan, North Mandiri, Patna through its Manager/Director namely Rahbar Abdin son of Sri Sarwar Abdin Resident of Pushpanjali Complex, Boring Road, Opposite Police Check Post Patna - 800001.

... ... Appellant/s

Versus

1. The Employees State Insurance Corporation a body of Corporate created under the Employees State Insurance Act, 1948 having its office at Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna through its Deputy Director-cumAuthorizing Authority. null null

2. The Deputy Director-cum-Authorizing Authority, Employees State Insurance Corporation, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Gautam Kumar Kejriwal For the Respondent/s :

Mr. Dr. Anshuman, SC to ESIC ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 16-11-2017 Taking note of the fact that the learned Writ Court has only relegated the petitioner to take recourse to the statutory remedy of appeal and in the light of the disputed question of fact as to whether the appellant failed to avail of the opportunity granted and did not appear in spite of notices being issued on two occasions, we see no reason to make indulgence. All these grounds raised in the appeal can very well be considered by the Appellate Authority and a decision taken. As no prejudice is caused to the

Patna High Court LPA No.992 of 2017 dt.16-11-2017 2/2 petitioner by relegating it to the remedy of appeal, we are not inclined to make indulgence into the matter. The appeal is dismissed.

The appellate authority shall take note of the fact that the matter was agitated before this Court in a writ petition and the L.P.A.

(Rajendra Menon, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- AFR/NAFR NAFR CAV DATE Uploading Date 21.11.2017 Transmission Date