M/S Sri Ram Ice Services v. The Employees State Insurance Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14704 of 2021 ====================================================== M/s Sri Ram Ice Services represented through principal employer Sri Kumar Vinit, aged about 40 years, Gender- Male, S/o Sri Ram Lakhan Mahto, Resident of Mahadeo Math, Ward No.01, Rosera, Dist- Samastipur (Bihar) 848210.

... ... Petitioner/s

Versus

1.

The Employees State Insurance Corporation Panchdeep Bhawan, Jawahar Lal Nehru Marg, Bailey Road, Patna- 800001.

2.

The Regional Director, Employees State Insurance Corporation, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Bailey Road, Patna- 800001. 3.

The Assistant Director cum Authorized Officer, Employee State Insurance Corporation, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Bailey Road, Patna- 800001.

4.

The Revenue Recovery Officer, Employees State Insurance Corporation Panchdeep Bhawan, Jawahar Lal Nehru Marg, Bailey Road, Patna- 800001. 5.

The Branch Manager, State Bank of India, Rosera Branch (004580), District- Samastipur (848210).

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

For the Petitioner/s :

Mr. Baban Kumar, Advocate For the ESIC :

Dr. Anshuman with Mr. Kuber Pathak, Advocates For the Bank :

Mr. Satya Vrat, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA ORAL JUDGMENT Date : 20-12-2021 Heard learned counsel for the parties.

Challenge in the present petition is to the order dated 20.08.2019 passed by the respondent no. 3.

Admittedly, remedy of appeal is available against the said order under Section 45-AA of the Employees' State Insurance Act, 1948 before the Appellate Authority.

Patna High Court CWJC No.14704 of 2021 dt.20-12-2021 2/2 In view of the same, counsel for the petitioner submits that he may be allowed to withdraw this petition with liberty to avail the remedy of appeal.

It is however made clear that in case bar of limitation arises, that shall not be allowed to stand in the way of the petitioner. In case the appeal is filed within three weeks from today, the Authority shall take it up expeditiously and decide the same within three months.

The writ petition stands disposed off as withdrawn with liberty aforesaid.

(Rajan Gupta, J) Anjani/- AFR/NAFR CAV DATE N/A Uploading Date 20.12.2021 Transmission Date N/A