Chhabra Thermal Power Station vs U O I And Ors (2023:Rj-Jp:29567)
2023 Latest Caselaw 6037 Raj/2

[2023:RJ-JP:29567]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 13011/2018

Chhabra Thermal Power Station,chhabra Rajasthan Rajya Vidyut
Utpadan Nigam Limited Through Its Dy., Chhabra Thermal Power
Station,motipua,chhabra Distt.bundi Raj.
                                                                                   ----Petitioner
                                              Versus
1.       Union Of India Through The Regional Director,employees
         State       Insurance           Corporation,           Esi     Building,panchdeep
         Bhawan,jyoti Nagar,jaipur
2.       Dy.director,employees State Insurance Corporation, Esi
         Building,panchdeep Bhawan,jyoti Nagar,jaipur
3.       Recovery Officer,employees State Insurance Corporation,
         Esi Building,panchdeep Bhawan,jyoti Nagar,jaipur
                                                                             ----Respondents

For Petitioner(s) : Mr. Virendra Lodha, Sr. Adv. with Mr. Jai Lodha For Respondent(s) : Mr. Arjun Singh Khangarot

HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

16/10/2023

1. Counsel for the respondents has raised an objection that the

petitioner has an alternative efficacious statutory remedy of

appeal under Section 75 of the Employees' State Insurance Act,

1948 (in short ' the Act of 1948) against the impugned notice.

2. In view of the alternative efficacious statutory remedy of

appeal available to the petitioner under Section 75 of the Act of

1948 against the impugned notice, the petitioner seeks permission

to withdraw the present writ petition with liberty to avail the

same.

(D.B. SAW/1446/2018 has been filed in this matter. Please refer the same for further orders)

[2023:RJ-JP:29567] (2 of 2) [CW-13011/2018]

3. In view of the prayer made by counsel for the petitioner, the

present writ petition is dismissed as withdrawn with liberty as

prayed for.

4. In case of filing of the appeal along with the application for

condonation of delay, the same shall be considered by the

Competent Authority strictly in accordance with law.

5. Since the interim order dated 23.07.2018 is operating in

favour of the petitioner till date, the petitioner in case prefers an

appeal before the Competent Authority within thirty days from

today, then the interim protection shall continue till disposal of the

appeal subject to fulfillment of conditions & requirement under the

law.

6. Since the main petition has been dismissed as withdrawn, all

other pending application/s, if any, shall stand dismissed.

(GANESH RAM MEENA),J

ARTI SHARMA /108

(D.B. SAW/1446/2018 has been filed in this matter. Please refer the same for further orders)

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