Madras High CourtWP(MD)/11298/2022dismissed

M/S.Coronation Litho Works Ltd., v. The Deputy Director,

2022-06-10Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2022

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.(MD).No.11298 of 2022 and W.M.P.(MD).No.8062 of 2022 M/s Coronation Litho Works Limited, Represented by its Managing Director, D.Gnanagiri Babu.

... Petitioner Vs.

1. The Deputy Director, Employees State Insurance Corporation, Sub-Regional Office, 2nd West Street, K.K.Nagar, Madurai - 625 020.

2. The Recovery Officer, Employees State Insurance Corporation, Sub Regional Office, 2nd West Street, K.K.Nagar, Madurai - 625 020.

3. The Inspector of Recovery, Employees State Insurance Corporation, Sub Regional Office, 2nd West Street, K.K.Nagar, Madurai - 625 020.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records dated 05.05.2022 in the order No.57/RRC/SRO/MDU/29112 on the file of the second respondent and quash the same as illegal, incompetent and against the settled principles of law and for consequential reliefs. https://hcservices.ecourts.gov.in/hcservices/ 1/2

For Petitioner : Mr.S.Ramesh For Respondents : Mr.C.Karthik, Standing Counsel.

ORDER

Heard Mr.S.Ramesh, learned counsel for the petitioner and Mr.C.Karthik, learned Standing Counsel appearing for the respondents.

2. As against the order passed by the ESI Court under Section 75 (1) (g) of the ESI Act, Section 82 of the Act provides for an appeal to the High Court. The petitioner herein challenges the order of recovery which is in consequence to the original order passed by the ESI Court dated 08.04.2021.

3. It is now brought to the notice of this Court that the petitioner had also filed an appeal before this Court as against the order of the ESI Court dated 08.04.2021. While that being so, it is always open to him to ventilate his grievances with regard to the consequential recovery proceedings in the appeal and a parallel adjudication by way of Writ Petition will not be maintainable.

4. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.

Consequently, connected miscellaneous petition stands closed.

Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm +1 CC to M/s.V.RAGHAVACHARI,Advocate ( SR-25469[F] dated 13/06/2022 ) W.P.(MD).No.11298 of 2022 and W.M.P.(MD).No.8062 of 2022 10.06.2022 SP/27/06/2022/2P/2C https://hcservices.ecourts.gov.in/hcservices/ 2/2