Page No.# 1/3 GAHC010052792026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1951/2026 KHASRUL ISLAM S/O LATE ABDUL ROUP, PRESENTLY RO RAZZAKMIA LANE, OLD LAKHIPUR ROAD, MADHURBOND,SILCHAR, DIST CACHAR, ASSAM, PIN 788001 VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF LABOUR AND EMPLOYMENT, GOVT OF INDIA, JAISALMER HOUSE,MANSINGH ROAD, NEW DELHI 110001 2:THE REGIONAL DIRECTOR NORTH EASTERN REGIONAL OFFICE EMPLOYEE STATE INSURANCE CORPORATION PANCHADEEP BHAWAN BAMUNIMAIDAM GUWAHATI ASSAM PIN 781021 3:THE ASSISTANT DIRECTOR (AUTHORIZED OFFICER) NORTH EASTERN REGIONAL OFFICE EMPLOYEE STATE INSURANCE CORPORATION PANCHADEEP BHAWAN BAMUNIMAIDAM GUWAHATI ASSAM PIN 781021 4:THE DEPUTY DIRECTOR (AUTHORIZED OFFICER) NORTH EASTERN REGIONAL OFFICE Page No.# 2/3 EMPLOYEE STATE INSURANCE CORPORATION PANCHADEEP BHAWAN BAMUNIMAIDAM GUWAHATI ASSAM PIN 78102 Advocate for the Petitioner : MR. I ALAM, MR. T SK Advocate for the Respondent : DY.S.G.I., GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 07-04-2026 Heard Mr. I. Alam, learned counsel for the petitioner and Mr. K. Gogoi, learned Central Government Counsel for the respondent no. 1. In this writ petition, the petitioner has challenged an Order dated 07.12.2025 passed under Section 45-A of the Employees' State Insurance Act, 1948, as amended. In the Order itself, it is mentioned that the petitioner has the option of preferring an appeal under Section 45AA of the ESI Act to the appellate authority within a period of 60 days from the date of the Order after depositing of the statutory amount assessed. Mr. Alam has submitted that the Order dated 07.12.2025 has been served upon the petitioner in February, 2026 and the period of 60 days has not yet expired. As there is an alternative, efficacious and statutory remedy under Section 45AA of the ESI Act and it is found out that the period of 60 days has not expired till date, Mr. Alam has sought liberty to withdraw the writ petition in order to prefer the statutory appeal. Page No.# 3/3 In view of the above submission of Mr. Alam, the writ petition is allowed to be withdrawn, with the liberty to the petitioner to avail the statutory remedy of appeal. JUDGE Comparing Assistant