M/S. Power Mech Projects Pvt Ltd vs Union Of India
2023 Latest Caselaw 1439 AP

     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

            WRIT PETITION NO. 6250 OF 2023

JUDGMENT:-

1)    Heard Sri. P. Ram Bhoopal Reddy, learned Counsel

for the Petitioner, Sri. Pelleti Rajesh Kumar, learned

Standing Counsel for Respondent No. 1 and Sri. Ch. Naidu,

learned Standing Counsel for Respondent Nos. 2 and 3.

2) The preliminary objection is raised by

Sri. Ch. Naidu, learned Standing Counsel for Respondent

Nos. 2 and 3, that the order under challenge in the

petition, is an Order under Section 45A of Employees' State

Insurance Act, 1948, ["E.S.I. Act"], which is appealable

under Section 45AA of the E.S.I. Act.

3) Learned Counsel for the Petitioner, at this stage,

submits that keeping it open for the Petitioner to take

recourse of the statutory appeal, the petition may be

disposed of.

4) The impugned order has been passed under Section

45A of the E.S.I. Act. The same Act provides for the

statutory appeal also. It is settled in law that if the

statutory remedy of appeal is provided, this Court in the

exercise of writ jurisdiction would ordinarily not entertain

the writ petition except in exceptional circumstances. Any

such exceptional circumstance has not been pointed out by

the learned Counsel for the Petitioner.

5) Accordingly, the Writ Petition is dismissed only on

the ground of taking recourse of the statutory appeal. It is

open for the Petitioner to avail statutory remedy if so

advised as per law. No order as to costs.

6) As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

________________________ RAVI NATH TILHARI, J

Date: 15.03.2023 SM

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION NO. 6250 OF 2023

Date: 15.03.2023

SM