Writ petition challenging ESI recovery notices and seeking closure of the petitioner's ESI account. The court held the petitioner had an alternate statutory remedy under the ESI Act, declined to exercise writ jurisdiction, and dismissed the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:44678 WP No. 1426 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2024 BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 1426 OF 2023 (L-ESI)
BETWEEN:
K.CHANDRA SHEKAR SHETTY S/O RANGAYA SHETTY, AGED ABOUT 49 YEARS, RESIDING AT NO.3, 2ND CROSS, 6TH MAIN, HMT LAYOUT, R.T.NAGAR, BANGALORE-560 032.
…PETITIONER
(BY SRI. HITESH GOWDA.B.J., ADVOCATE)
AND:
REPRESENTED BY THE DIRECTOR GENERAL, EMPLOYEES' STATE INSURANCE CORPORATION (MINISTRY OF LABOUR AND EMPLOYMENT), PANCHDEEP BHAWAN, COMRADE INDRAJEET GUPTA (CIG) MARG, NEW DELHI-110 002.
Digitally signed by THEJASKUMAR N Location: High Court of Karnataka
…RESPONDENTS
(BY SMT. VARSHINI., ADVOCATE FOR SMT. GEETHADEVI.M.PAPANNA., ADVOCATE FOR R2 & 3;
NC: 2024:KHC:44678 WP No. 1426 of 2023
SRI. POOJAPPA.J., CGC FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Hitesh Gowda.B.J., counsel for the petitioner, Smt.Varshini., counsel on behalf of Smt.Geethadevi.M.P., for respondents 2 and 3 have appeared in person.
reliefs:
vide Annexure-L1 sought by the second respondent.
contentions. Heard the arguments and perused the Writ papers with care.
5. Resultantly, the Writ Petition is dismissed .
Sd/(JYOTI MULIMANI) JUDGE
TKN List No.: 2 Sl No.: 38
1 issue framed by the court
Is the writ petition against ESI recovery notices maintainable when an alternate statutory remedy exists under the ESI Act?
2 provisions across 2 enactments
K. Chandra Shekar Shetty
Union of India (represented by the Director General, ESIC)
Assistant Director, Employees' State Insurance Corporation
Recovery Officer, Employees' State Insurance Corporation
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
