The Secondary Delhi Public School Vs The Employees State Insurance Corporation — Patna HC (2024) — LawSathi Research

The Secondary Delhi Public School Vs The Employees State Insurance Corporation — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

CWJC disposed of at the admission stage with liberty to the petitioner to file a statutory appeal under the Act against the order dated 27.02.2024 within four weeks, with directions to the appellate authority to hear the petitioner and pass reasoned orders expeditiously, preferably within twelve weeks of receipt of the appeal.

Issue for consideration

Whether the High Court should entertain the writ petition notwithstanding the availability to the petitioner of an alternative and efficacious remedy of appeal under section 75 of the Employees State Insurance Act.

Court's answer

The Court declined to entertain the CWJC because the petitioner has an alternative and efficacious remedy of appeal under section 75 of the Employees State Insurance Act, and disposed of the petition at the admission stage, without going into its merits or demerits, with the consent of both parties.

Ratio / Principle

Liberty was granted to the petitioner to file the statutory appeal provided under the Act against the order dated 27.02.2024 within four weeks; on such appeal being filed, the appellate authority shall take it on file, grant an opportunity of hearing, and pass reasoned orders duly adverting to the grounds raised, completing the exercise preferably within twelve weeks from receipt of the appeal and communicating the order to the party.

Key takeaways

The petitioner is free to raise all grounds in the memo of appeal and the appellate authority shall deal with them in accordance with law on their own merits.ratio¶¶18

Detailed headnote1 paragraphs

Patna High Court (Hon'ble Mr. Justice A. Abhishek Reddy), by oral order dated 02-12-2024 in CWJC No. 2178 of 2024, disposed of the writ petition at the admission stage, with the consent of both parties, on the ground that the petitioner had an alternative and efficacious remedy of appeal under section 75 of the Employees State Insurance Act. The Court did not go into the merits or demerits. Liberty was granted to file the statutory appeal against the order dated 27.02.2024 (Annexure P/6 to the I.A. 01 of 2024) within four weeks; the appellate authority was directed to take the appeal on file, afford the petitioner an opportunity of hearing, pass reasoned orders adverting to the grounds raised, complete the exercise preferably within twelve weeks of receipt of the appeal, and communicate the order passed. All grounds raised in the memo of appeal were left open to be dealt with in accordance with law on their own merits.

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2178 of 2024

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The Secondary Delhi Public School through its Secretary, Devendra Kumar Pathak, Shahid Bhagat Singh Colony, Mustafabad, P.S.- Rampur, DistrictGaya.

Devendra Kumar Pathak, Son of Shri Gopal Pathak, Resident of House No. 439, A. P. Colony, P.S.- Rampur, District- Gaya.

... ... Petitioner/s

Versus

The Employees State Insurance Corporation through its Director General, Asik Bhawan, Firoj Sah Kotla Marg, New Delhi.

The Regional Director of the Employees, State Insurance Corporation, Jawahar Lal Nehru Marg, Patna.

The Assistant Director- Cum- Authorised Officer, Employees State Insurance Corporation, Regional Office, Panchdeep Bhawan, Jawahar Lal Neharu Marg, Patna - 800001.

... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Rajesh Kumar Mishra For the Respondent/s : Mr.Sudhir Kumar Bijpuria ======================================================

CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY ORAL ORDER

9 02-12-2024 Having regard to the fact that the petitioner has an alternative and efficacious remedy of appeal under section 75 of the Employees State Insurance Act, this Court is not inclined to entertain the present CWJC. Without going into the merits or demerits of the case, the present CWJC is disposed of with the consent of both the parties at the admission stage.

The present CWJC is disposed of granting liberty to

the petitioner file a statutory appeal provided under the Act against the order 27.02.2024 (Annexure P/6 to the I.A. 01 of 2024) within a period of four weeks from today. On such appeal

Patna High Court CWJC No.2178 of 2024(9) dt.02-12-2024 2/2

being filed, the appellate authority shall take the same on file and pass a reasoned orders duly adverting to the grounds raised by the petitioner. Needless to observe that the petitioner shall be granted an opportunity of hearing before any orders are passed. The entire exercise shall be completed as expeditiously as possible preferably within a period of twelve weeks from the date of receipt of the appeal. Any order passed shall be communicated to the party. The petitioner is free to raise all grounds in the memo of appeal and the same shall be dealt with in accordance with law on its own merits.

With the above observations, the CWJC stands disposed of.

(A. Abhishek Reddy , J)

Bhardwaj/-

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