M/S GWAL BAL SHIKSHA NIKETAN PRATHMIC SCHOOL v. EMPLOYEE STATE INSURANCE CORPORATION
CW/357/2025 · 2025-01-15
Vinit Kumar Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35966 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35966 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR S.B. Civil Writ Petition No. 357/2025 M/s Gwal Bal Shiksha Niketan Prathmic School through its Proprietor Sh. Santosh Kumar Ranga S/o Sh. Shiv Kishan Ranga, aged about 54 years R/o.Inside Vishwakarma Gate, Bikaner, Rajasthan. ----Petitioner Versus
1. Employee State Insurance Corporation Through its Deputy Director, ESI Hospital Complex near Pratapnagar Police Station, Kamla Nehru Nagar, Jodhpur, 342009.
2. Recovery Officer, ESI Hospital Complex near Pratapnagar Police Station, Kamla Nehru Nagar, Jodhpur, 342009. ----Respondent For Petitioner(s) : Ms. Sumeha Kalla & Mr. Rohit Mutha For Respondent(s) :
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 15/01/2025
1. 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.
2. Learned counsel prayed that similar order be passed in petitioner’s case also.
3. In case of M/s Panwar Construction (supra), a Co-ordinate Bench of this Court has observed as under :-
“The impugned order was passed under Section 45-A of Employees’ State Insurance Act, 1948 (hereinafter referred to as ‘the Act of 1948’).
(2 of 2) [CW-357/2025] Manifestly, an appeal lies against the said order as per Section 45-AA of the Act of 1948. Thus, the writ petition is not maintainable and deserves to be dismissed. The writ petition, so also the stay petition, stand dismissed. 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.”
4. The present writ petition is also disposed of in the same terms.
5. Stay petition also stands disposed of accordingly.
(VINIT KUMAR MATHUR),J 66-SanjayS/-/C-20