IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05th DAY OF AUGUST 2019 BEFORE THE HON’BLE Mr. JUSTICE ARAVIND KUMAR WRIT PETITION No.15003 OF 2019 (GM-RES) BETWEEN:
M/S.RAJESH EXPORTS LIMITED, NO.4, BATAVIA CHAMBERS, KUMARAKRUPA ROAD, KUMARA PARK EAST, BANGALORE-560001. REPRESENTED BY ITS, AUTHORIZED SIGNATORY, B.G.MALLIKARJUN. ... PETITIONER (BY SRI.RAGHU HULIKAL, ADVOCATE) AND:
1. THE JOINT DIRECTOR, REGIONAL OFFICE (KARNATAKA), EMPLOYEES STATE INSURANCE CORPORATION, NO.10, BINNYFIELDS, BINNYPET, BANGALORE-560023.
2. THE OFFICE OF THE DEPUTY DIRECTOR, REGIONAL OFFICE (KARNATAKA), EMPLOYEES STATE INSURANCE CORPORATION, NO.10, BINNYFIELDS, BINNYPET, BANGALORE-560023. ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 30.01.2019 IN ESI APPLICATION NO.14/2014 ON THE FILE OF HON'BLE THE EMPLOYEES INSURANCE COURT AT BANGALORE AS PER ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner is seeking for quashing the order dated 30.01.2019 passed in ESI Application No.14/2014, which was filed by the petitioner before the ESI Court under Sections 75 and 76 of the Employees State Insurance Act, 1948.
2. Under Section 82(2), alternative remedy of appeal is available to petitioner. Hence, this petition is not maintainable. Accordingly, it stands dismissed.
However, it is made clear that in the event of petitioner challenging the impugned order dated 30.01.2019 by filing an appeal within four weeks from today, time spent by the petitioner from the date of filing of the present petition till the expiry of four weeks from today shall stand excluded while reckoning the limitation.
SD/- JUDGE bnv*