WPMS/147/2022
2022 Latest Caselaw 247 UK

             Office Notes, reports,
             orders or proceedings
SL.
      Date     or directions and                   COURT'S OR JUDGES'S ORDERS
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             Registrar's order with
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                                      WPMS No.147 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Nirdesh Khandelwal, Advocate for the petitioner.

Mr. C.K. Sharma, Advocate for the respondents.

The petitioner had initiated the proceedings under Section 75 of the Employees State Insurance Act of 1948, for the purposes of initiation of proceedings under Section 75 of the Act compliance of conditions contained under Section 75 (2 B) becomes mandatory. The said condition was not complied with and 50% of the mandatory amount was not deposited by the petitioner, consequently, the proceedings initiated by the petitioner stood dismissed by the Employees Insurance/Civil Judge (Senior Division), Dehradun in Suit No.509 of 2010, by the judgment of 23.07.2016.

Against this order of rejection of his application under Section 75 of the Act, the petitioner has preferred a review application being Review Application No.211 of 2016 M/s Polygon Chemicals vs. Assistant Director and others. The review application too has been dismissed by the impugned judgment of 10.11.2021.

The petitioner in the present writ petition under Article 227 of the Constitution of Constitution of India, has given a challenge to the two orders rejecting his principal proceedings under Section 75 of the Act, as well as his review petition.

Power of review is a creation of a statute. The petitioner had not been able to satisfy the Court that the review as against the rejection of his application under Section 75 of the Act, was being tenable as per the procedure prescribed under the Act of 1948.

In that eventuality, the writ petition as against the dismissal of his principal proceedings under Section 75 of the Act by an order of 23.07.2016, would not be maintainable for the reason being that under Section 82 of the Act, itself any orders, which are passed by the Employees Insurance Court especially created or the powers, which has been vested with the Civil Judge (Sr. Div.), Dehradun would be an order appealable under Section 82 of the Act before the High Court.

Hence, this writ petition is being dismissed without venturing into the merits of the matter with the liberty left open to the petitioner to approach the High Court by way of filing an appeal under Section 82 of the Act of 1948.

Subject to the aforesaid, the writ petition stands dismissed.

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(Sharad Kumar Sharma, J.) 15.02.2022 Arti