Birendra Kumar v. The Employees State Insurance Corporation And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1505 of 2015 In Civil Writ Jurisdiction Case No. 1232 of 2011 ====================================================== Birendra Kumar Son of Late Satyendra Prasad Singh, Managing Director of M/s Mrigendra Cold Storage Private Limited, Village- Rajwara, P.S. Barauni, Distt.- Begusarai .... .... Appellant

Versus

1. The Employees State Insurance Corporation through its Director General, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna- 1

2. The Insurance Commissioner, through its Director General, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna- 1

3. The Regional Director, through its Director General, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna- 1

4. The Assistant Director, Regional office, Employee State Insurance Corporation, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna- 1

5. Rajesh Kumar, son of Name Not known, Deputy Director (Revenue Recovery Officer) ESI Corporation, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna- 1 .... .... Respondents ====================================================== Appearance :

For the Appellant :

Mr. Vijay Kumar, Advocate For the Respondent/s : Mr. Rabindra Kumar Choubey ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 12-01-2017 After the appeal is taken-up, counsel for the appellant now agrees with the observations of the learned single Judge that he has to first exhaust the statutory remedy available under the Employees State Insurance Act, 1948. In view of the same the limitation petition is allowed. 28 days delay is condoned. Counsel for the appellant is

Patna High Court LPA No.1505 of 2015 (2) dt.12-01-2017 2/2 permitted to withdraw the appeal to pursue the remedy as above. (Ajay Kumar Tripathi, J) (Nilu Agrawal, J) Pawan/- U