Dismissed

M/S Siyag Construction Company v. Employee State Insurance Corporation

Rajasthan HC29 Aug 2024CW/11938/2024

Case brief

AI extract

What is this about?

The High Court was informed by counsel that an identical petition was dismissed by a coordinate bench on the ground that an appeal lies under Section 45-AA of the Employees' State Insurance Act. The court disposed of the present writ petition by dismissing it on similar grounds and treating a forthcoming appeal as within limitation if filed with predeposit within 30 days.

What did the court decide?

Writ petition, stay petition, and appeal treated if filed within 30 days with predeposit.

M/S Siyag Construction Company Vs Employee State… — Service and Employment | Rajasthan HC (2024)

¶1

[2024:RJ-JD:35791]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Writ Petition No. 11938/2024

¶4

M/s Siyag Construction Company, Through Its Properitor Sh. Chaina Ram S/o Sh. Jodha Ram Siyag Aged About 49 Years R/o Kamthai, Barmer, Rajasthan - 344033.

¶5

----Petitioner

¶6

Versus

¶7

1. Employee State Insurance Corporation, Through Its Deputy Director, Esi Hospital Complex Near Pratapnagar Police Station, Kamla Nehru Nagar, Jodhpur, 342009.

¶8

Recovery Officer, E.s.i. Esi Hospital Complex Near Pratapnagar Police Station, Kamla Nehru Nagar, Jodhpur, 342009.

¶9

----Respondents

¶10

For Petitioner(s) : Mr. Rohit Mutha

¶11

HON'BLE MS. JUSTICE REKHA BORANA

¶12

Order

¶13

29/08/2024

¶14

Learned counsel for the petitioner submitted that identical petition being S.B. Civil Writ Petition No.19256/2023 (M/s Panwar Construction Company vs Employees State Insurance Corporation and other) has been disposed of by a Co-ordinate Bench of this Court vide order dated 19.12.2023.

¶15

Learned counsel prayed that similar order be passed in petitioner’s case also.

¶16

In case of M/s Panwar Construction (supra), a Co-ordinate Bench of this Court has observed as under :-

¶17

“The impugned order was passed under Section 45-A of Employees’ State Insurance Act,1948 (hereinafter referred to as ‘the Act of

(2 of 2)

[2024:RJ-JD:35791]

[CW-11938/2024]

1948’). Manifestly, an appeal lies against the said order as per Section 45-AA of the Act of 1948.

¶22

Thus, the writ petition is not maintainable and deserves to be dismissed.

¶23

The writ petition, so also the stay petition, stand dismissed.

¶24

In case, the petitioner presents an appeal before appellate authority with the required predeposit, within a period of 30 days, the same shall be treated to be within limitation and shall be considered and decided as per law.”

¶25

The present writ petition is also disposed of in the same terms.

¶26

Stay petition also stands disposed of accordingly.

¶27

(REKHA BORANA),J

¶28

58-T.Singh/-

M/S Siyag Construction Company v. Employee State Insurance Corporation

Case brief

What is this about?

What did the court decide?

M/S Siyag Construction Company v. Employee State Insurance Corporation

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ashok Kumar Varhat Vs State of Rajasthan

Amjad Hussain Vs Harish Kumar

Sabniya Jal Grahan Vikas Sansthan Vs State and Ors.

Smt. Karuna Lohiya Vs Ramjas Dangra

Noor Mohammad Vs Abdul Mayum

Smt. Lichhu Devi Vs Champalal