M.N. Dastur & Company (P) Ltd vs Employee'S State Insurance ...
2021 Latest Caselaw 3519 Jhar

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

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

........

11/21.09.2021.

It appears that inadvertently an error has cropped up in order dated 15.09.2021 while recording paragraph-67 of 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 Sl. no. (iii) has not been taken note of, as such, paragraph- 67 of the aforesaid judgment is again reiterated in the present order to modify the order dated 15.09.2021.

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 there is failure of principles of nature justice or (iii) where the impugned orders or proceedings are wholly without jurisdiction or (iv) the vires of an Act is under challenge."

Learned counsel for the respondents, Mr. Ashutosh Anand has submitted that supplementary counter affidavit dated 20.09.2021 has been served upon learned counsel for the petitioner and the same has also been forwarded to this Court, but inadvertently at paragraph-7 in page no.3, the date 06.05.05 has been wrongly typed instead of 06.06.2005, which may be corrected.

Learned counsel for the petitioner, Mr. Indrajit Sinha has no objection.

Considering the same, in the order dated 15.09.2021, para-67 of the judgment passed by the Apex Court in the case of Uttar Pradesh Power Transmission Corporation Limited and Another (Supra) be incorporated as aforesaid and the date i.e. 06.05.05 at para-7 in page no. 3 of supplementary counter affidavit is rectified as 06.06.2005.

(Kailash Prasad Deo, J.) Sunil/