Madras High Court
Hajee Moosa Enterprises Private ... vs The Deputy Director on 8 October, 2021
W.A..(MD)No.834 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :08.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN
and
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.A.(MD) No.834 of 2013
and
M.P.(MD) No. 1 of 2013
Hajee Moosa Enterprises Private Limited,
Represented by its Director
Mrs.Nasreen Basheer,
90, Alazhar Kovil Road,
Madurai. ... Appellant
-vs-
1. The Deputy Director,
Employees State Insurance Corporation,
Sub Regional Office, (Madurai)
2nd West Street,
K.K.Nagar, Madurai.
2. The Insurance Inspector cum
Social Security Officer,
ESI Corporation,
Madurai Sub Regional Office,
Madurai. ... Respondents
PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent,
against the order dated 04.06.2013, passed by this Court in W.P.(MD) No.
7463 of 2013.
1/4
https://www.mhc.tn.gov.in/judis/
W.A..(MD)No.834 of 2013
For Appellant : Mr.A.Mahaboob Athiff
For Respondents : No appearance
JUDGMENT
(Judgment of the Court was delivered by V.BHARATHIDASAN,J.)
This writ appeal has been filed against the order passed by the learned
single Judge in W.P.(MD) No.7463 of 2013, dated 04.06.2013.
2. The petitioner has filed the writ petition challenging the order
passed under Section 45-AA of the Employees' State Insurance Act. The
learned single Judge find that against that order, there is an effective
alternative remedy by way of an appeal is provided under Section 45-A of
the Act. Without resorting to the alternative remedy, the petitioner cannot
challenge the order under Article 226 of the Constitution of India. Now,
challenging the above order, the present writ appeal has been filed.
3. Today, when the matter is taken up for hearing, Mr.A.Mahaboob
Athiff, learned counsel appearing for the appellant, on instructions would
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W.A..(MD)No.834 of 2013
submit that now the appellant is willing to go before the appellate authority.
However, the limitation for filing an appeal may be extended, in view of the
pendency of the writ appeal. He would further submit that pending writ
appeal, the appellant got an order of interim stay and he will file an appeal
before the appellate authority, within a period of four weeks from the date of
receipt of a copy of this order.
4. Considering the pendency of the writ appeal, the Writ Appeal is
disposed of with liberty to the appellant to challenge the order impugned in
the writ petition before the appellate authority, under Section 45-A of the
ESI Act, within a period of four weeks from the date of receipt of a copy of
this order. On filing such appeal, the appellate Authority is directed to take
the appeal on file and dispose of the same on its own merit. No costs.
Consequently, the connected Miscellaneous Petition is closed.
[V.B.D.,J.] [J.N.B.,J.]
08.10.2021
akv/ebsi
https://www.mhc.tn.gov.in/judis/
W.A..(MD)No.834 of 2013
V.BHARATHIDASAN, J.
and
J.NISHA BANU, J.
akv
Note:
In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate /
litigant concerned.
To
1. The Deputy Director,
Employees State Insurance Corporation,
Sub Regional Office, (Madurai)
2nd West Street,
K.K.Nagar, Madurai.
2. The Insurance Inspector cum
Social Security Officer,
ESI Corporation,
Madurai Sub Regional Office,
Madurai.
W.A.(MD) No.834 of 2013
08.10.2021
https://www.mhc.tn.gov.in/judis/
