Madras High CourtWP/17222/2012disposed of

Autotech Industries (India) v. The Joint Director(Revenue)

2015-10-16Honourable Mr Justice M. Jaichandren2 pages

In the High Court of Judicature at Madras Dated: 16.10.2015 Coram:

The Hon'ble Mr.Justice M.Jaichandren Writ Petition No.17222 of 2012 Autotech Industries [India] Pvt. Ltd., rep. by its Company Secretary S.Saravanan ..

Petitioner vs.

The Joint Director [Revenue], Employees State Insurance Corporation, Chenai-34.

.. Respondent Prayer: Petition is filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus, to call for and quash the records of the respondent in No.TN/InsVI/No.51-00-055035-000-606, dated 20.12.2011 and consequently direct the respondent to pass an order of waiver of damages on the representation dated 27.2.2012 filed by the petitioner before the respondent herein.

For petitioner :

M/s.Manoharan Sundaram For respondent :

Ms.Jayakumari

O R D E R

Heard the learned counsels appearing on behalf of the parties concerned.

2. At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the respondent had submitted that the issues raised, in the present Writ Petition, ought to have been raised, before the Employees' Insurance Court, under Section 75 of the Empoyees' State Insurance Act, 1948. Therefore, the present Writ Petition is not maintainable, under Article 226 of the Constitution of India. The learned counsel appearing on behalf of the petitioner had not refuted the said submission made by the learned counsel appearing on behalf of the respondent.

3. In such circumstances, the present Writ Petition stands dismissed, as not maintainable. However, the petitioner is permitted to move the Employees' Insurance Court, seeking the reliefs, if any, within a period of four weeks from the date of receipt of a copy of this order, without the issue of delay https://hcservices.ecourts.gov.in/hcservices/

being raised by the Employees' Insurance Court, while entertaining such Application. No costs. M.P.No.1 of 2012 is closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar gs.

To The Joint Director [Revenue], Employees State Insurance Corporation, Chenai-34.

WP 17222 of 2012 skv co kra 19/10 https://hcservices.ecourts.gov.in/hcservices/