M/S SREE LAKSHMI SERVICE STATION v. THE STATE OF KARNATAKA
WP/11584/2021 · 2025-12-01
Jyoti M
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79247 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79247 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49845 WP No. 11584 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 11584 OF 2021 (L-ESI)
BETWEEN:
M/S. SREE LAKSHMI SERVICE STATION, M.S.RAMAIAH ROAD, GOKULA, BENGALURU-560013, REPRESENTED BY ITS PROPRIETOR SRI. B.L.JAGADISH. …PETITIONER (BY SRI. NADEEM AHMED, ADVOCATE FOR SRI. MALLAHA RAO K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, LABOUR DEPARTMENT, VIKAS SOUDHA, BENGALURU-560001.
2.
THE DEPUTY DIRECTOR, EMPLOYEES' STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE, PEENYA, HARINI TOWERS, 3RD CROSS, 3RD MAIN, OFF. RING ROAD, (NEAR FTI), II STAGE, INDUSTRIAL SUBURB, YESHWANTHPUR, BENGALURU-560022.
3.
THE RECOVERY OFFICER EMPLOYEES' STATE INSURANCE CORPORATION, SUB REGIONAL OFFICE, PEENYA, HARINI TOWERS, 3RD CROSS, 3RD MAIN, OFF. RING ROAD (NEAR FTI),
Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49845 WP No. 11584 of 2021
II STAGE, INDUSTRIAL SUBURB, YESHWANTHPUR, BENGALURU-560022. …RESPONDENTS (BY SRI. K.P.YOGANNA, AGA FOR R1;
SMT. GEETHADEVI M. PAPANNA, ADVOCATE FOR R2 AND R3;)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Nadeem Ahmed for Sri.Mallaha Rao K., learned counsel for the petitioner.
Sri.K.P.Yoganna, learned Additional Government Advocate for respondent No.1.
2. The order dated 14.01.2019 passed under Section 45A of the ESI Act, 1948 is called into question in this writ petition on several grounds as set out in the memorandum of writ petition.
3. Counsel for the respective parties urged several contentions.
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HC-KAR NC: 2025:KHC:49845 WP No. 11584 of 2021
4. Heard the arguments and perused the writ papers with utmost care
5. Suffice it to note that as against the order under Section 45A of the Act, a statutory appeal under Section 75 of the ESI Act is available. Hence, I decline to exercise power under writ jurisdiction.
6. It is made clear that this court has not expressed any opinion on the merits of the case.
7. Resultantly, writ petition is dismissed
SD/- (JYOTI M) JUDGE
SS List No.: 1 Sl No.: 33