St. Paul International High School v. The Employees State Insurance Corporation

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1477 of 2018 In Letters Patent Appeal No.992 of 2017 ====================================================== St. Paul International High School having its 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.

... ... Petitioner/s

Versus

1.

The Employees State Insurance Corporation a Vody of Corporate Created Under the Employees State Insurance Act, 1948 having its Officer at Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna through its Deputy Ditrector-Cum-Authorizing Authority.

2.

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

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gautam Kumar Kejriwal For the Opposite Party/s :

Mr.Dr. Anshuman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-07-2020 Heard learned counsel for the petitioner and the opposite parties.

Considering the Annexure-3 dated 18.04.2018, which was passed by the Deputy Director of the Corporation at Patna, the Court is of the view that it is not the case of modification, rather it is falling in the category of decision giving fresh cause of action to the petitioner. The order dated 18.04.2018 cannot be a ground to seek modification of the order dated 16.11.2017 passed in L.P.A. No. 992 of 2017.

Accordingly, the present contempt application is

Patna High Court MJC No.1477 of 2018(3) dt.09-07-2020 2/2 disposed of with liberty to the petitioner to challenge the decision dated 18.04.2018 in appropriate proceeding in accordance with law.

(Anil Kumar Upadhyay, J) uday/- U