M/S Avi Vision Infra Pvt. Ltd. Lko. Thru. Proprietor Bhashkar Mall v. U.O.I. Thru. Secy. Govt. of India Ministry of Labour and Deptt. of Employment,New Delhi and Another

Court No. - 17 Case :- WRIT - C No. - 7762 of 2023 Petitioner :- M/S Avi Vision Infra Pvt. Ltd. Lko. Thru. Proprietor Bhashkar Mall Respondent :- U.O.I. Thru. Secy. Govt. Of India Ministry Of Labour And Deptt. Of Employment,New Delhi And Another Counsel for Petitioner :- Chandra Mohan,D.P. Dutt Tiwari Counsel for Respondent :- A.S.G.I.,Ambrish Rai,Mayankar Singh,Shishir Pradhan Hon'ble Alok Mathur,J.

¶1Heard Shri D.P. Dutt Tiwari, learned counsel for the petitioner and Shri Mayankar Singh, learned counsel for opposite party No.2.

¶2By means of this petition, the petitioner has assailed the order dated 24.4.2023 passed by opposite party no.2 under Section 45A of the Employees State Insurance Act, 1948 (hereinafter referred to as 'Act, 1948').

¶3Shri Mayankar Singh, learned counsel for opposite party No.2 has drawn attention of this Court towards Section 45AA of the Act, 1948 which provides an alternative statutory remedy to file an appeal before the Appellate Authority. As per aforesaid Section, the appeal should be filed within a period of sixty days.

¶4On being confronted the learned counsel for the petitioner as to when the impugned orders have been served upon the petitioner, he has drawn attention of this Court towards para 17 of the writ petition where he has categorically stated that the impugned orders have not been served upon the petitioner. Learned counsel has informed that the impugned orders have not been received to the petitioner.

¶5Be that as it may, since, the petitioner has got alternative statutory remedy by filing appeal under Section 45AA of the Act, 1948, therefore, without entering into the merits of the issue, I hereby dispose of this writ petition finally at the admission stage, giving liberty to the petitioner to file an appeal before the Appellate Authority, taking all pleas and grounds which are available to him enclosing therewith an application for condonation of delay as well as interim relief application.

¶6In case petitioner files an appeal before the appellate authority, same shall be considered and decided expeditiously, in accordance with law.

¶7In view of the aforesaid terms, the writ petition is disposed of. (Alok Mathur, J.) Order Date :- 31.10.2023 RKM. High Court of Judicature at Allahabad, Lucknow Bench