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2025 Supreme(Online)(MAD) 16136
HIGH COURT OF MADRAS
MUMMINENI SUDHEER KUMAR, J
P.Krishnaveni – Appellant
Versus
The Deputy Director, Employees State Insurance Corporation – Respondent
W.P.(MD) No.25166 of 2018 | W.M.P.(MD) No.22796 of 2018 | W.M.P.(MD) No.14646 of 2022
For the Appellants/Petitioners: Mr.G.Karthik
For the Respondents: Mr.P.Ganapathysamy
The availability of an efficacious remedy under Section 75(1)(g) of the Act, 1948 compels dismissal of a writ petition.
Headnote:The case concerns a writ petition filed under Article 226 of the Constitution challenging an order dated 06.04.2016 passed under the Employees' State Insurance Act, 1948. The court found that the petitioner has an efficacious remedy under Section 75(1)(g) of the Act and dismissed the petition, providing liberty for the petitioner to avail such remedy. The court stated: 'This Court is not inclined to entertain the writ petition.' The final decision was: 'Accordingly, this Writ Petition is dismissed...'.
| Table of Content |
|---|
| 1. petitioner sought to challenge the order. (Para 1) |
| 2. efficacious remedy under section 75(1)(g) leads to dismissal of the petition. (Para 3) |
| 3. final ruling to dismiss with no costs. (Para 4) |
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025 CORAM THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.(MD) No.25166 of 2018 and W.M.P.(MD) Nos.22796 of 2018 and 14646 of 2022 P.Krishnaveni ... Petitioner Vs.
1.The Deputy Director, Employees State Insurance Corporation, Sub-Regional Office (Tirunelveli), ESIC Complex, Salai Street, Vannarpettai, Tirunelveli-627 003.
2.The Recovery Officer, Employees State Insurance Corporation, Sub-Regional Office (Tirunelveli), ESIC Complex, Salai Street, Vannarpettai, Tirunelveli-627 003. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the impugned order issued vide code No.66000414480001001/45A/1/16/INS-II/SRO/TLI dated 06.04.2016 on the file of the respondent No.1 and its consequential prohibitory order in No.66000414480001001/RRC/SRO/TLI dated NIL received on 16.10.2018 on the file of the Respondent No.2 and quash the same as illegal.
For Petitioner : Mr.G.Karthik For Respondents : Mr.P.Ganapathysamy ORDER This writ petition has been filed aggrieved by an order dated
06.04.2016 bearing No.66000414480001001/45A/1/16/INS-II/SRO/TLI passed by the Respondent No.1 and the consequential order issued by the Respondent No.2 under Sections 45-A and 45G of the Employees' State Insurance Act, 1948 (hereinafter referred to as “the Act, 1948”) respectively.
2. The above writ petition was filed in the year 2018 and the same is pending for consideration before this Court for the past about seven years.
3. Today, when the matter is taken up for consideration, it is noticed that the petitioner has got an efficacious remedy under Section 75(1)(g) of the Act, 1948 against the impugned order dated 06.04.2016. In view of the same, this Court is not inclined to entertain the writ petition.
4. Accordingly, this Writ Petition is dismissed granting liberty to avail the remedy available under Section 75(1)(g) of the Act, 1948 within a period of four weeks from the date of receipt of a copy of this order. If any such appeal is filed within the time stipulated hereinabove, the appellate authority shall take the appeal on file without any reference to the limitation prescribed under the provisions of the Act, 1948 and dispose of the same on merits. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
