M/S Sri Ram Ice Services vs The Employees State Insurance ...
2021 Latest Caselaw 6293 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.14704 of 2021
     ======================================================

M/s Sri Ram Ice Services represented through principal employer Sri Kumar Vinit, aged about 40 years, Gender- Male, S/o Sri Ram Lakhan Mahto, Resident of Mahadeo Math, Ward No.01, Rosera, Dist- Samastipur (Bihar) 848210.

... ... Petitioner/s Versus

1. The Employees State Insurance Corporation Panchdeep Bhawan, Jawahar Lal Nehru Marg, Bailey Road, Patna- 800001.

2. The Regional Director, Employees State Insurance Corporation, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Bailey Road, Patna- 800001.

3. The Assistant Director cum Authorized Officer, Employee State Insurance Corporation, Panchdeep Bhawan, Jawahar Lal Nehru Marg, Bailey Road, Patna- 800001.

4. The Revenue Recovery Officer, Employees State Insurance Corporation Panchdeep Bhawan, Jawahar Lal Nehru Marg, Bailey Road, Patna- 800001.

5. The Branch Manager, State Bank of India, Rosera Branch (004580), District- Samastipur (848210).

... ... Respondent/s ====================================================== Appearance :

     For the Petitioner/s   :     Mr. Baban Kumar, Advocate
     For the ESIC           :     Dr. Anshuman with
                                  Mr. Kuber Pathak, Advocates
     For the Bank           :     Mr. Satya Vrat, Advocate

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA ORAL JUDGMENT Date : 20-12-2021

Heard learned counsel for the parties.

Challenge in the present petition is to the order dated

20.08.2019 passed by the respondent no. 3.

Admittedly, remedy of appeal is available against the

said order under Section 45-AA of the Employees' State Insurance

Act, 1948 before the Appellate Authority.

Patna High Court CWJC No.14704 of 2021 dt.20-12-2021

In view of the same, counsel for the petitioner submits

that he may be allowed to withdraw this petition with liberty to

avail the remedy of appeal.

It is however made clear that in case bar of limitation

arises, that shall not be allowed to stand in the way of the

petitioner. In case the appeal is filed within three weeks from

today, the Authority shall take it up expeditiously and decide the

same within three months.

The writ petition stands disposed off as withdrawn with

liberty aforesaid.

(Rajan Gupta, J)

Anjani/-

AFR/NAFR
CAV DATE              N/A
Uploading Date        20.12.2021
Transmission Date     N/A