M/S H.K. Construction v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18354 of 2025 ====================================================== M/s H.K. Construction 13 CMBM Complex, Resham Nagar, Naya Tola Zero Mile, P.O.-Bahadurpur (Barari), P.S. Barari, District-Bhagalpur, PIN-813210 (Bihar) through its Proprietor/Director, Kanishk Kumar (Male) aged about 32 years, Son of Sri Bashishtha Choudhary, resident of 93 C.M.B.M. Complex, Resham Nagar, Naya Tola, Zero Mile, P.O.-Bahadurpur (Barari), P.S.-Barari, District-Bhagalpur, PIN-813210 (Bihar).

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Labour and Employment, Government of India, New Delhi.

2.

Employees State Insurance Corporation, through its Director General, Panchdeep Bhawan, New Delhi.

3.

The Assistant Director, Employees State Insurance Corporation, Regional Office, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna (Bihar). 4.

The Regional Director, Employees State Insurance Corporation, Regional Office, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna (Bihar). 5.

The Recovery Officer/Deputy Director, Employees State Insurance Corporation, Regional Office, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Patna (Bihar).

6.

The Branch Manager, State Bank of India, Main Branch, West Gandhi Maidan, Patna.

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

For the Petitioner/s :

Mr. Raj Dular Sah, Advocate.

For the Respondent/s :

Mr. Additional Solicitor General.

For the ESIC :

Mr. Sanjeev Kumar, Advocate.

Mr. Aman Kumar, Advocate.

Ms. Preeti, Advocate.

For the UoI :

Mr. Krishna Kant, Advocate.

For the Bank :

Kaushalesh Chaudhary, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER 23-07-2026 Without going into the merits or demerits of the case, the present writ petition is disposed of at the stage of admission with the consent of both the Counsels.

Patna High Court CWJC No.18354 of 2025(5) dt.23-07-2026 2/2

2. Having regard to the fact that the petitioner is having an alternative and efficacious remedy of filing an appeal, the present writ petition is disposed of granting liberty to the petitioner to file a statutory appeal before the appellate authority under Section 45AA of the ESI Act and also under Section 75 (i) (g) of the ESI Act, this Court is not inclined to entertain the present writ petition, the present writ petition is disposed of granting liberty to the petitioner to avail the alternate remedy of appeal as provided under ESI Act against the impugned order dated 21.06.2023 and 19.06.2023, if he is so advised.

3. With the above directions, the present Writ Petition stands disposed of.

(A. Abhishek Reddy, J) shakir/- U