Court No. - 42
Case :- WRIT - C No. - 16648 of 2021 Petitioner :- Shahnaz Begum And 2 Others Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Suresh Chandra Dwivedi,Mohd Irteqa Counsel for Respondent :- A.S.G.I.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for petitioners and Sri Rajesh Tiwari, learned counsel appearing for the respondent no. 2 and 3.
Present petition has been filed with following prayer:-
" (i) Issue a writ order or direction in the nature of Certiorari quashing the Impugned Prohibitory Order dated 7.6.2021 and Notice dated 1.4.2021 passed by respondent no. 2 and 3, by which the accounts of the petitioners have been freezed (contained in Annexure No. 7 and 8 to the writ petition) respectively.
(ii) Issue a writ order or direction in the nature of mandamus commanding/ directing the respondents no. 2 and 3 to make inspection at the Hotel and on the basis of strength of employees the assessment may be reviewed since reconstruction of Hotel from year 2016-2017.
(iii) Issue a writ order or direction in the nature of mandamus commanding/ directing the respondents to decide the representation dated 28.6.2021 (Contained in Annexure No. 9 to the writ petition)."
Sri Rajesh Tiwari, learned counsel appearing for respondent nos. 2 and 3 has raised a preliminary objection that the petitioners have alternative statutory remedy under Section 75 (1) (g) of the Employees State Insurance Act, 1948.
Learned counsel for petitioners though sought to argue the case on merits and highlighted the hardships, however, he could not dispute the fact that statutory alternative remedy is available to the petitioners in the present case.
In such view of the matter, I am not inclined to entertain the present petition.
Accordingly, present petition stands disposed of on the ground of availability of statutory remedy.
The petitioners are at liberty to avail the statutory remedy as may be available to him in accordance with law.
Order Date :- 27.7.2021/Aditya