The Billion Clothings Private Ltd., v. The Recovery Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.06.2019

CORAM

THE HONOURABLE Mr. JUSTICE V.PARTHIBAN W.P.No.27457 of 2018 and W.M.P.Nos.31970 and 31971 of 2018 The Billion Clothings Private Limited, Rep. By its Director - Mr.A.Nithyanandam, No.21, Bridgeway Colony, Kumaran Illam 2nd Street, Tirupur - 641 607.

... Petitioner Vs.

The Recovery Officer, Employees State Insurance Corporation Sub Regional Office, No.1897, Trichy Road, Panchdeep Bhavan, Ramanathapuram, Coimbatore - 641 045.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records pertaining to the impugned order passed by the respondent in No.CBE/RECY/CP-3/56/00/44746/0106 dated 25.01.2018 and quash the same.

For Petitioner : Mr.S.Ezhil Raj For Respondent : Mr.C.V.Ramachandra Moorthy

ORDER

When the matter is taken up for hearing, the learned counsel appearing for the respondent Corporation would submit that without challenging the original order passed by the authority under Section 45-A dated 26.12.2012, the writ petitioner has approached this Court challenging the consequential order dated 25.01.2018 and therefore, would submit that the writ petition, as it is, is not maintainable.

2.The learned counsel for the respondent Corporation also would submit that the petitioner, without exhausting the appellate remedies provided under Sections 45-AA and 75 of the ESI Act, has approached this Court by challenging the consequential order and therefore, in all force, the writ petition is not maintainable. https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the Corporation would also rely on the decision of this Court passed in W.P.No.12107 of 2019 dated 23.04.2019 wherein similar issue came up for consideration, this Court has found that the writ petition was not maintainable and dismissed the same. 4.In view of the above, this Court finds that the writ petition is not maintainable and the same cannot be entertained and hence, dismissed. No costs. Consequently, connected Miscellaneous Petitions are dismissed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Sgl To The Recovery Officer, Employees State Insurance Corporation Sub Regional Office, No.1897, Trichy Road, Panchdeep Bhavan, Ramanathapuram, Coimbatore - 641 045.

+1cc to Mr. C.V.Ramachandra Moorthy, Advocate SR.No. 50056 W.P.No.27457 of 2018 A.SK(26/07/2019) https://hcservices.ecourts.gov.in/hcservices/