IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO CIVIL MISCELLANEOUS APPEAL NO.51 OF 2021 DATE: 12.12.2025 Between:

M/s. Shiva Yamaha, rep. by Smt. Veena Membe, r/o.Hanumakonda, Warangal.

…. Appellant/

Petitioner and The Deputy Director/Authorized Officer, Insurance Branch-Ins.II, Regional Director, ESI Corporation, Hyderabad.

…. Respondent/

Respondent

JUDGMENT:

None appeared for the appellant and heard Mr.

G.Venkateshwarlu, learned Standing Counsel for ESIC for respondent.

2. When the matter was taken up for hearing on several occasions, i.e., on 24.10.2025, 13.11.2025, 14.11.2025, 28.11.2025, there was no representation on behalf of the appellant though the learned Standing Counsel for respondent reported ready for arguments. It appears that the appellant is not interested to prosecute the above case despite the matter being undergone several adjournments for advancing the arguments on behalf of the appellant.

3. Learned Standing Counsel for the respondent would submit that the present appeal is filed against the orders passed in No.TS/Ins.II/52-00-03563-000-0999, dated 17.12.2020 on the file of the Additional Commissioner & Regional Director Appellate Authority at Hyderabad, under the Employees’ State Insurance Act, 1948 (for short, ‘ESI Act’) and the Civil Miscellaneous Appeal is not maintainable in view of availability of an efficacious alternative remedy of appeal under Section 75 (1)(g) of ESI Act. The appellant without availing said alternative remedy has approached this Court under Section 82(2) of the said Act, as such the present Appeal is not maintainable before this Court.

4. As seen from the provisions of the Act, the appellant has an efficacious alternative remedy of appeal under Section 75(1)(g) of the ESI Act. In view of the same, the Appeal is disposed of, permitting the appellant to avail right of appeal under Section 75(1)(g) of the ESI Act, 1948. As the appeal has been pending before this Court since long time, the appellant shall be entitled to the benefit under Section 14 of the Limitation Act by filing the application before the authority along with the Memorandum of Appeal. In such event, the Appellate Authority under ESI Act is directed to consider and dispose of the said Appeal in accordance with law.

5. There shall be no order as to costs. Pending miscellaneous applications if any shall stand closed.

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SUDDALA CHALAPATHI RAO,J Date: 12.12.2025 kkm HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO CIVIL MISCELLANEOUS APPEAL NO.51 OF 2021 Date: 12.12.2025 kkm