Patna High CourtCWJC/8135/2013withdrawn

Indian Institute Of Health Education And Research v. Employees State Insurance Corporation And ORS

2015-07-20Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8135 of 2013 ====================================================== Indian Institute of Health Education and Research, Health Institute Road, (Near Central Jail ), Beur, Police Station Beur, Patna 800002 through its Director in Chief Dr. Anil Sulabh, Son of Late Baidyanath Jha, resident of Mahalaxmi Bhawan, Milan Lane, Opp. SBI, P.O. & P.S. Kankerbagh, Town and District - Patna .... .... Petitioner

Versus

1. Employees State Insurance Corporation, Regional Office, Bihar, Patna, Panchdeep Bhawan, 11, Nehru Marg, Patna 800001 through the Regional Director

2. The Assistant Director, Employees State Insurance Corporation, Regional Office at Panchdeep Bhawan, 11, Nehru Marg, Patna 800001

3. The Recovery Officer, Employees State Insurance Corporation, Regional Office at Panchdeep Bhawan, 11, Nehru Marg, Patna 800001 .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Respondent/s : Mr. Dr. Anshuman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner and Sri (Dr.) Anshuman, learned counsel, who has appeared on behalf of Respondent/ Employees State Insurance Corporation. The present writ petition has been filed against an order dated 29.08.2011 passed by the Assistant Director, Employees State Insurance Corporation under Section 45-A of the Employees State Insurance Act, 1948, whereby the petitioner has been held liable to pay contributions amount of Rs. 3,82,883/- only.

At the very outset, Sri Anshuman, learned counsel

Patna High Court CWJC No.8135 of 2013 (4) dt.20-07-2015 2/2 submits that against the impugned order, there is statutory provision of appeal under Section 45-AA of the Act. After some argument, learned counsel for the petitioner makes a prayer for withdrawal of the writ petition with liberty to avail statutory remedy.

The prayer is allowed.

The writ petition stands dismissed as withdrawn with liberty as indicated above.

It goes without saying that the period consumed by the writ petitioner in pursuing the present writ petition i.e. from 16.04.2013 till date may be excluded, while considering the limitation matter.

(Rakesh Kumar, J) NKS/- U