M/S.Kaycees Health Soft India Private Ltd v. The Deputy Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos. 38847 & 38849 of 2024 M/s. Kaycees Health Soft India Private Limited, Represented by its Authorised Signature and Managing Director, Mr.K.C.Anand, No. 05, 9th Street, Sastri Nagar, Adayar, Chennai - 600 020.

... Petitioner Vs The Deputy Director, Employees State Insurance Corporation, "Panchdeep Bhavan" No: 143, Sterling Road, Nungambakkam, Chennai - 600 034.

... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, to call for the records by order dated 14.03.2024 in E.L.O.P.No. 05 of 2018 passed by the learned Employees Insurance Court, (Principal Labour Court), at Chennai and quash the same as arbitrary and non est in law.

1/3

For Petitioner : Mr.S.Rajesh Kumar For Nathan and Associates For Respondent : Mr.K.Prabakar Panel Counsel (E.S.I)

ORDER

This writ petition is filed challenging the order of the Employees Insurance Court (Principal Labour Court), Chennai, dated 14.03.2024 made in E.I.O.P.No. 05 of 2018.

2. When the matter came up for hearing, the learned counsel appearing on behalf of the respondent would bring to the notice of this Court that as against the said order, there is an appeal remedy under Section 82 by way of C.M.A and the writ petition is not maintainable.

3. Accordingly, this writ petition is disposed of by giving liberty to the petitioner to file an appeal under Section 82 of the Employees' State Insurance Act, 1948. Consequently, connected miscellaneous petition are closed. No costs.

13.12.2024 2/3

nsl D.BHARATHA CHAKRAVARTHY, J.

nsl To The Deputy Director, Employees State Insurance Corporation, "Panchdeep Bhavan" No: 143, Sterling Road, Nungambakkam, Chennai - 600 034.

13.12.2024 3/3