Court No. - 47
Case :- WRIT - C No. - 18611 of 2019 Petitioner :- M/S Maharishi Daya Nand Public School Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Jitendra Kumar Counsel for Respondent :- A.S.G.I.
Hon'ble J.J. Munir,J.
Ms. Harshita Rani has put in appearance on behalf of the Union of India.
The petitioner is aggrieved by orders dated 26.7.2018 and 7.2.2019 passed by respondent Nos. 3 and 2 respectively under Sections 45A and 45AA of the Employees State Insurance Act, 1948. By the impugned orders, the petitioners have been assessed to pay the employers contribution under the Employees State Insurance Scheme. The assessment as would logically appear from the two orders has been upheld in appeal.
Sri Rajesh Tiwari, learned counsel appears on behalf of respondent Nos. 2 and 3 whereas Ms. Harshita Rani Central Government Counsel appears on behalf of Union of India.
A preliminary objection is taken by the learned counsel appearing for the respondents that against the impugned orders, the petitioner has an equally efficacious alternative remedy to approach the ESI Court under Section 75(2)(g) of the Employees State Insurance Act.
Learned counsel for the petitioner does not dispute the availability of the said remedy.
Accordingly, without expressing any opinion on merits, this petition is dismissed on the ground of availability of an alternative remedy to the petitioner that he may avail in accordance with law.
Order Date :- 29.5.2019 NSC