Buns Hospitality Private Limited Vs the Joint Director

BUNS HOSPITALITY PRIVATE LIMITED, NO.11, WING 'A', DIVYASHREE CHAMBERS, O' SHAUGNESSY ROAD, BANGALORE - 560 025, REPRESENTED BY ITS DIRECTOR, MS. GANGAMMA. G, AGED ABOUT 60 YEARS, A COMPANY REGISTERED UNDER COMPANIED ACT, 1956.

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…PETITIONER

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(BY SRI SHYAM HARINDRA, ADVOCATE SRI RAGHURAM CADAMBI, ADVOCATE)

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AND:

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Digitally signed by BELUR RANGADHAMA NANDINI

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Location: HIGH COURT OF KARNATAKA

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THE JOINT DIRECTOR, EMPLOYEES' STATE INSURANCE CORPORATION, REGIONAL OFFICE, KARNATAKA, NO.10, BINNYFIELDS, BINNYPET, BANGALORE - 560 023.

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THE AUTHORISED OFFICER, INSURANCE BRANCH - III, EMPLOYEES' STATE INSURANCE CORPORATION, REGIONAL OFFICE, BANGALORE - 560 023.

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…RESPONDENTS

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(BY SRI B PRAMOD, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. SETTING ASIDE THE IMPUGNED ORDER DATED 21.05.2025 PASSED BY THE FIRST RESPONDENT, DISMISSING THE APPEAL

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2 -

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NC: 2025:KHC:24515 WP No. 16432 of 2025

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HC-KAR

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NO.29/2020-21 (ANNEXURE- A), AND REMAND THE MATTER FOR RECONSIDERATION BY THE FIRST RESPONDENT IN SO FAR AS PETITIONER IS CONCERNED.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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ORAL ORDER

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This petition is filed assailing the order dated 21.05.2025 marked at Annexure - A dismissing the petitioner's appeal No.29/2020-21.

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Learned counsel for the petitioner submits that the appeal was filed invoking Section 45-AA of the Employees State Insurance Act, 1948. It is his submission that the appeal is a statutory appeal and the Appellate Authority is required to pass orders on merits by assigning reasons, however, the Appellate Authority only noticed the contentions and passed the impugned order and no reasons are assigned while dismissing the appeal.

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Learned counsel for the respondents on the other

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hand would submit that the Appellate Authority has taken into consideration all the grounds urged in the appeal memo and

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3 - NC: 2025:KHC:24515 WP No. 16432 of 2025

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HC-KAR

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has rightly dismissed the appeal. It is his further submission that contentions raised did not warrant any reasons to be assigned while dismissing the appeal.

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This Court has considered the contentions raised at the bar and perused the records.

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It is not in dispute that appeal under Section 45-AA of the Employees State Insurance Act, 1948 is a statutory appeal. The Appellate Authority under the said provision exercises quasi judicial function. Any authority exercising quasi judicial function while passing the order has to assign reasons for the order. This is the position of law.

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On going through the order, it is noticed that except noticing the grounds urged, in the impugned order no reasons are assigned for rejecting the appeal. There is no discussion rejecting grounds raised by the appellant. Under these circumstances, the writ petition is to be allowed in part.

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Hence the following:

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ORDER

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(a) Writ Petition is Allowed in part .

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4 - NC: 2025:KHC:24515 WP No. 16432 of 2025

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HC-KAR

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(b) The impugned order is set-aside. The matter is remitted to respondent No.1 - Appellate Authority for fresh consideration and to dispose the same by assigning reasons.

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(c) Parties shall appear before respondent No.1 - Appellate Authority on 01.08.2025 without any further notice.

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(d) All contentions are left open

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Sd/(ANANT RAMANATH HEGDE) JUDGE

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brn

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List No.: 1 Sl No.: 99

Buns Hospitality Private Limited v. the Joint Director

Case brief

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Buns Hospitality Private Limited v. the Joint Director

Case brief

What is this about?

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What the court decided

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