Narmada Phosphate Limited v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPL No. 57 of 2017 • Narmada Phosphate Limited A Company Incorporated Under The Provision Of The Companies Act, 1956 Having Its Registered Office At A-133, Priyadarshani Nagar, Near Quality Restaurant, Bilaspur, (Chhattisgarh) Through Its Director, Firoz Khan, S/o Late Umardaraj Khan, Aged 40 Years, R/o Dabripara, Ram Nagar Ward, Bilaspur, District Bilaspur, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Labour, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh)

2. Employees State Insurance Corporation, Through Its Regional Director, 107, Ramnagar Road, Kota, Raipur, (Chhattisgarh)

3. Recovery Officer, Employees State Insurance Corporation, 107, Ramnagar Road, Kota, Raipur, (Chhattisgarh) ---- Respondents For Petitioners:

Mr. Malay Shrivastava, Advocate For State :

Mr. S.P. Kale, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order on Board 02.03 .2

1. The order under challenge is a recovery notice dated 17.10.2016 issued from Regional Office of the Employees State Insurance Corporation, Raipur.

2. The impugned order is an order which can be adjudicated upon under Section 75 of the Employees' State Insurance Act, 1948 which provides an alternative remedy for challenging the present impugned order passed by the Respondent No.2 Corporation.

3. In view of the statutory alternative remedy available under the provisions of the Employees' State Insurance Act, 1948, this Court is not inclined to entertain the present Petition reserving liberty to the Petitioner to challenge the impugned order under the provisions of

the Employees' State Insurance Act, 1948, if he so chooses.

4. With the aforesaid liberty the present Writ Petition stands dismissed. Sd/- (P. Sam Koshy) JUDGE kishore