7. It is the claim of the petitioner that, the petitioner would be entitled to get relief in view of the reference already been made to BIFR and therefore, the proposed damages could not be imposed against the petitioner and therefore, on that ground, he seeks indulgence. If at all the said legal ground is available, the same can be urged before the Appellate Forum and if the appeal is filed by the petitioner within the given time and if the legal grounds are raised, the same can very well be considered by the Appellate Authority / E.S.I. Court. Therefore, without exhausting such remedy, the petitioner since has approached this Court directly by invoking Article 226 of the Constitution of India, this Court feels that, in view of the order passed by this Court in number of cases pertaining to the orders under Section 45A of the E.S.I. Act, it is inclined that, this Writ Petition need not be fully rejected, instead, the petitioner can be given liberty to approach the Appellate Authority / E.S.I. Court as against the impugned order, which is nothing but a determination order under Section 45A, where, whatever legal grounds which are available for the petitioner to agitate, can very well be agitated and once such grounds are raised, the same can be considered and disposed of by the appellate forum.
