M.N. Dastur And Company (P) Ltd vs Employee'S State Insurance ...
2021 Latest Caselaw 3452 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
                  (Civil Writ Jurisdiction)
                W.P. (C) No. 6254 of 2005
                         ........

M.N. Dastur and Company (P) Ltd. .... ..... Petitioner Versus Employee's State Insurance Corporation & Ors. ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Petitioner : Mr. Indrajit Sinha, Advocate. For the Respondents : Mr. Ashutosh Anand, Advocate.

........

10/15.09.2021.

Learned counsel for the petitioner has relied upon the judgment passed by the Apex Court in the case of Uttar Pradesh Power Transmission Corporation Limited and Another Vs. CG Power and Industrial Solutions Limited and Another reported in (2021) 6 SCC 15, wherein the Apex Court has held the paramater to entertain a writ petition. Para-67 of the said judgment is quoted hereinbelow:-

"67. It is well settled that availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition in an appropriate case. The High Court may entertain a writ petition, notwithstanding the availability of an alternative remedy, particularly : (i) where the writ petition seeks enforcement of a fundamental right; (ii) where the impugned orders or proceedings are wholly without jurisdiction or (iv) the vires of an Act is under challenge. Reference may be made to Whirlpool Corpn. v. Registrar of Trade Marks [(1998) 8 SCC 1] and Pimpri Chinchwad Municipal Corpn. v. Gayatri Construction Co. [(2008) 8 SCC 172], cited on behalf of Respondent no. 1."

Learned counsel for the respondents is directed to examine the Records pertaining to the proceedings instituted under Section 45A of the Employee's State Insurance Act, 1948 and the date when the petitioner has appeared before the authority and participated in the proceeding.

On the joint prayer of the parties, let this case be listed on 20.09.2021.

(Kailash Prasad Deo, J.) Sunil/-