Dismissed¶28

Smt. Sharada J Rao v. Esi Corporation

Karnataka HC7 Apr 2026WP/990/2021

Case brief

AI extract

What is this about?

Karnataka High Court (Bengaluru), single judge (Anant Ramanath Hegde, J.), 07.04.2026, WP No. 990 of 2021 (L-ESI): challenge to ESI Corporation order dated 28.08.2017 under Section 45A of the ESI Act, 1948 (Annexure-A) and consequential notice; petition dismissed as not maintainable in view of alternative remedies under Sections 45AA and 75 of the ESI Act; no adjudication on merits; liberty given to pursue statutory remedies.

What did the court decide?

No relief on the merits; petitioner left at liberty to avail such alternative remedy as advised in law, subject to just exceptions. ¶28

Smt. Sharada J Rao Vs Esi Corporation — Writ and Judicial Review | Karnataka HC (2026)

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NC: 2026:KHC:19081 WP No. 990 of 2021

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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WRIT PETITION NO. 990 OF 2021 (L-ESI)

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BETWEEN:

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SMT SHARADA J RAO, W/O LATE JANARDHANA RAO, AGED ABOUT 78 YEARS, R/AT B-1101, ETA STAR APARTMENT, BINNY MILL ROAD, BENGALURU - 560 027, BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED.

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…PETITIONER

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(BY SRI RAJESH SHETTIGAR, ADVOCATE)

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AND:

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Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA

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ESI CORPORATION, REGIONAL OFFICE (RO BINNY PETH), PANCHDEEP BHAVAN, NO.10, BINNY PETY, BINNY FIELDS -560023, REP. BY ITS DEPUTY DIRECTOR.

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RECOVERY OFFICER, ESI CORPORATION, REGIONAL OFFICE (RO BINNY PETH), PANCHDEEP BHAVAN, NO 10, BINNY PETH, BINNY FIELDS-560023.

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…RESPONDENTS

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(BY SMT GEETHA DEVI, ADVOCATE FOR R1 AND R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.08.2017 PASSED U/S 45A OF THE ACT BY THE R-1 VIDE ANNEXURE-A IS ARBITRARY, UNJUST, INCORRECT AND ILLEGAL AND ETC .

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NC: 2026:KHC:19081 WP No. 990 of 2021

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HC-KAR

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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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It is noticed that the petition is filed questioning the order dated 28.08.2017 at Annexure-A, the order passed under Section 45A of the Employees' State Insurance Act, 1948. Annexure-B is the notice issued pursuant to the order at Annexure-A. Annexure-K is the representation dated 08.10.2020 by the petitioner to the respondent No.1.

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Learned counsel for the respondents points out

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the availability of an alternative remedy under Sections 45AA and 75 of the Employees' State Insurance Act, 1948. This Court is of the view that the writ petition is not maintainable as the petitioner has alternative remedy.

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