Ramjee Prasad Yadav v. Employees State Insurance Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20846 of 2013 ====================================================== Ramjee Prasad Yadav, S/O Late Teka Yadav , R/O Village - Kathautia, Near A.N. Magadh Medical College, P.O. Parsawan ( Civil Aerodrome ), P.S. Magadh Medical College, Distt. - Gaya .... .... Petitioner

Versus

1. Employees State Insurance Corporation, Regional Office, ESI Corporation, Panchdeep Bhawan, Bailey Road, Opp. C.R. Building, Patna

2. The Dy. Director ( Revenue Recovery Officer ), Employees State Insurance Corporation, Regional Office, ESI Corporation, Panchdeep Bhawan, Bailey Road, Opp. C.R. Building, Patna

3. The Assistant Director ( Ins. ), Employees State Insurance Corporation, Regional Office, ESI Corporation, Panchdeep Bhawan, Bailey Road, Opp. C.R. Building, Patna

4. The Recovery Officer, Employees State Insurance Corporation, Regional Office, ESI Corporation, Panchdeep Bhawan, Bailey Road, Opp. C.R. Building, Patna .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sanay Kumar For the Respondent/s : Mr. (Dr.) Anshuman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 06-08-2015 At the very outset, Dr. Anshuman, learned counsel, who appears on behalf of Respondent/ Employees State Insurance Corporation, raises preliminary objection on the point of maintainability of the writ petition. He submits that against the impugned order, there is statutory provision of appeal. On objection being raised, Sri Sanjay Kumar, learned counsel for the petitioner makes a prayer for disposal of the present writ petition, so that the petitioner may avail remedy of appeal.

Patna High Court CWJC No.20846 of 2013 (4) dt.06-08-2015 2/2 The prayer is allowed.

The writ petition stands disposed of granting liberty to the petitioner to avail remedy of appeal.

It goes without saying that if the petitioner files an appeal within six weeks from today, the appellate authority may examine the same on its merit and decide it in accordance with law. This order is being passed keeping in view the fact that immediately after the impugned order, the petitioner had approached this Court by filing the present writ petition and the writ petition remained pending for a longer period. The writ petition stands disposed of.

(Rakesh Kumar, J) NKS/- U