(Through Hybrid Mode) vs Dy. Director
2023 Latest Caselaw 1683 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             WP(C) No.14216 of 2022

                              (Through Hybrid mode)
            M/s. Hotel Sagar, Cuttack              ....            Petitioner

                                        Mr. Sarat Kumar Behera, Advocate

                                        -Versus-
            Dy. Director, ESI Corporation,         ....       Opposite Party
            Bhubaneswar

                                         Mr. Amarendra Pr. Ray, Advocate

                      CORAM: JUSTICE ARINDAM SINHA
                                       ORDER

22.02.2023 Order No.

06. 1. Mr. Behera, learned advocate appears on behalf of petitioner and prays for long adjournment. He submits, he is in Delhi and will be back to Odisha on 20th March, 2023. There are some documents here, which he is unable to access from Delhi.

2. Mr. Ray, learned advocate appears on behalf of the Corporation. He submits, impugned is judgment dated 14th February, 2022 made by Employees' Insurance Court. Section 82(2) in Employees' State Insurance Act, 1948 provides for appeal to the High Court if there is involved substantial question of law. The writ petition is not maintainable. He

relies on judgment dated 21st August, 2006 delivered by a learned Single Judge in the High Court of Bombay in C.A.J.W.P. no.3934 of 2006 (Kariya Builders v. Employees' State Insurance Corporation). He also relies on an earlier view by decision dated 8th February, 2001 of another learned Single Judge in the High Court of Bombay in Writ Petition no.1173 of 1998 (Rainbow Industries v. Regional Director, E.S.I. Corporation). In that case view was, the writ petition was not maintainable on finding that impugned judgment was well reasoned and could not be interfered with under article 226 of the Constitution.

3. Adjournment granted is peremptory. List on 22nd March 2023 as prayed for by Mr. Behera.

(Arindam Sinha) Judge

RKS