M/S. Ganesh Service Station, Rep. By Its Proprietor, v. The Recovery Officer,

THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.10724 of 2009 ORDER:

When the matter is taken up for hearing, none appeared on behalf of the petitioner, in spite of the fact that the writ petition is listed under the caption 'for dismissal'.

2.

A perusal of the record discloses that the petitioner is challenging the proceedings, dated 26.05.2009, issued by the 1st respondent, whereby the 1st respondent has passed an order demanding an amount of Rs.83,737/- from the petitioner towards statutory contributions.

3.

Learned Standing Counsel appearing for the respondents had contended that against the impugned proceedings, there is an effective alternative remedy under Section 75 of the Employees' State Insurance Act, therefore, the petitioner can approach the Employees' State Insurance Court.

4.

In view of the above said submission, the writ petition is disposed of directing the petitioner to challenge the proceedings, dated 26.05.2009, before the Employees' State Insurance Court, if he so advised, within a period of two months from the date of receipt of a copy of this order, in accordance with law. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 11th February 2020 mar