M/S Shiva Automotives vs The Assistant Director

Karnataka High Court

M/S Shiva Automotives vs The Assistant Director on 16 March, 2026

                                                -1-
                                                              NC: 2026:KHC-D:4105
                                                          WP No. 101095 of 2026


                    HC-KAR



                    IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

                          DATED THIS THE 16TH DAY OF MARCH, 2026

                                          BEFORE

                             THE HON'BLE MS. JUSTICE JYOTI M

                        WRIT PETITION NO. 101095 OF 2026 (L-ESI)

                   BETWEEN:

                   M/S SHIVA AUTOMOTIVES,
                   A PARTNERSHIP FIRM,
                   REP. BY ITS PARTNER, MR. RAVI.B.SHETTAR,
                   ESI CODE NO 58/00/507987/000/1099,
                   HAVING ITS PLACE OF BUSINESS
                   AT 1ST CROSS, NH-4, SERVICE ROAD,
                   MAHANTESH NAGAR, BELAGAVI-590016.
                                                                      ...PETITIONER
                   (BY SRI.V.P.VADAVI, ADVOCATE FOR
                   SRI. PUNEET.I.BADIGER, ADVOCATE)

                   AND:

                   1.   THE ASSISTANT DIRECTOR
                        EMPLOYEES STATE INSURANCE CORPORATION,
                        SUB REGIONAL OFFICE, HUBBALLI,
                        DIST: DHARWAD-580025.
Digitally signed
by
PREMCHANDRA
MR                 2.   THE REGIONAL DIRECTOR,
Location: HIGH
COURT OF
KARNATAKA
                        ESIC SUB REGIONAL OFFICE,
                        HUBBALLI, DIST: DHARWAD-580025.
                                                                    ...RESPONDENTS

                          THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
                   OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

                          THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING,
                   THIS DAY, AN ORDER IS MADE AS UNDER:
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                                                     NC: 2026:KHC-D:4105
                                              WP No. 101095 of 2026


 HC-KAR



                                ORAL ORDER

Sri.V.P.Vadavi., counsel on behalf of Sri.Puneet I.Badiger., for the petitioner has appeared in person.

2. Though the petition is listed today for preliminary hearing, it is heard.

3. The order dated:11.10.2023 passed by the first respondent under Section 45-A of the ESI Act, 1948 is called into question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition.

4. Counsel for the petitioner urged several contentions.

5. Counsel for the petitioner in presenting his arguments strenuously urged that before passing the order, a reasonable opportunity of being heard has not been accorded to the petitioner. Counsel therefore, submits that the order is opposed to the principles of natural justice. Hence, an appropriate order may be passed.

6. Heard the arguments and perused the Writ papers with care.

NC: 2026:KHC-D:4105 WP No. 101095 of 2026 HC-KAR

7. The principal ground on which this Court is asked to quash the impugned order is that the same is opposed to the principles of natural justice. However, a perusal of Section 45AA of the ESI Act reflects that, if an employer is not satisfied with the order passed under Section 45A, he may prefer an appeal before the Appellate Authority. In the present case, the petitioner has not availed the alternate statutory remedy and has hurriedly filed the Writ Petition. Hence, I decline to exercise power under the writ jurisdiction. The petitioner may agitate his grievance before the appropriate forum seeking appropriate relief, if so advised and if the law permits.

8. Resultantly, the Writ Petition is dismissed.

Sd/-

(JYOTI M) JUDGE MRP List No.: 1 Sl No.: 15