- 1 - HC-KAR NC: 2025:KHC:40555 WP No. 30996 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 30996 OF 2025 (L-ESI) BETWEEN: BENGALURU ELECTRICITY SUPPLY COMPANY LIMITED, (BESCOM), REGISTERED UNDER THE COMPANIES ACT, CORPORATE OFFICE, K.R.CIRCLE, BENGALURU - 560 001. REPRESENTED BY ITS GENERAL MANAGER (REVENUE) …PETITIONER (BY SRI. DEVARAJU H.V., ADVOCATE) AND: THE EMPLOYEES' STATE INSURANCE CORPORATION (MINISTRY OF LABOUR AND EMPLOYMENT, GOVERNMENT OF INDIA) REGIONAL OFFICE, KARNATAKA, NO.10, BINNYFIELDS, BINNYPETTE, BENGALURU - 560 023. REPRESENTED BY ITS THE DEPUTY DIRECTOR/AUTHORIZED OFFICER. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40555 WP No. 30996 of 2025 ORAL ORDER Sri.H.V.Devaraju., counsel for the petitioner has appeared in person. Though the matter is listed today for orders regarding non compliance of office objections, it is heard. 2. The order dated:12.08.2025 passed under Section 45-A of the E.S.I. Act, 1948 vide Annexure-S is called into question in this Writ Petition on several grounds as set-out in the Memorandum of Writ Petition. 3. Heard the arguments and perused the Writ papers with care. 4. It is significant to note that Article 226 is not intended to circumvent statutory procedures. When a right or liability is created by a statute which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before seeking the discretionary remedy under Article 226. The law is also well settled that a petition under Article 226 should not be - 3 - HC-KAR NC: 2025:KHC:40555 WP No. 30996 of 2025 entertained unless the statutory remedies are ill-suited to meet the demands of an extraordinary situation. Suffice it to note that as against the order passed under Section 45-A of the E.S.I Act, 1948, there is an alternate and statutory remedy of filing an appeal under Section 45-AA of the E.S.I. Act, 1948. Hence, I decline to exercise power under writ jurisdiction. 5. Resultantly, the Writ Petition is dismissed. Because of dismissal of the Writ Petition pending interlocutory applications if any are disposed of and interim direction if any stands discharged. SD/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 9