M/S Azeez Associates v. Employees State Insurance Corporation

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPL No. 165 of 2019 M/s Azeez Associates C/o Ultra Tech Cement Ltd. Hirmi Cement Work Village And Post Office Hirmi, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. Employees State Insurance Corporation Through Deputy Director Regional Office ,107, Ram Nagar Road, Kota Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Employees State Insurance Corporation Through Regional Director And Appellate Authority Regional Officer, 107, Ram Nagar, Road, Kota Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Ms. Sharmila Singhai with Ms. Reena Singh, Advocates For Respondent/s :

Mr. Pradeep Saxena, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 27/08/2019

1. The present writ petition has been filed assailing the two orders dated 02.02.2018 Annexure P-1 and order dated 01.09.2017 Annexure P-2.

2. At the outset, this Court is not inclined to entertain the writ petition on the ground of there being a statutory alternative remedy available before the ESI Court. This Court also is not inclined to entertain the writ petition for the reason that even subsequent to the order dated 02.02.2018 and order under Section 45(g) the Garnishee order also has already been passed by the Corporation vide order dated

-228.02.2019. The petitioner has only filed the writ petition now after about 6 months from the date the Garnishee order was passed.

3. Given the aforesaid facts, this Court is not inclined to entertain the writ petition at this juncture.

4. Reserving the right of the petitioner to approach the concerned State Insurance Court for ventilating their grievances, the writ petition stands rejected.

Sd/- (P. Sam Koshy) Judge Rohit