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2025 DAILYLAW 99881 (ALL)

M/S. V.S. BUSINESS SERVICES AND 2 OTHERS v. JOINT DIRECTOR AND 2 OTHERS

WRIC/33830/2025 · 2025-10-07

Arun Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33830 of 2025 Court No. - 9 HON'BLE ARUN KUMAR, J. Heard learned counsel for the petitioners and Sri Rajesh Tewari, learned counsel for the respondents. The present petition has been filed challenging the order dated 29.1.2020 passed by the Assistant Director & Authorized Officer, Employees' State Insurance Corporation, Varanasi, under Section 45A of the Employees' State Insurance Act,1948. It is contended by the counsel for the petitioner that the order dated 29.1.2020 was never served upon the petitioners and they came to know about the said order only when they received a letter dated 20.1.2025. On the other hand, it is argued by Sri Rajesh Tewari, learned counsel for the respondents that against the order dated 29.1.2020, the petitioners have an alternative remedy of preferring appeal under Section 45AA of the Employees' State Insurance Act, 1948 and they can also challenge the said order under Section 75(1)(g) of the Employees' State Insurance Act, 1948 before the Employees' Insurance Court. As the petitioners have two alternative remedies, I do not consider it proper to interfere in the matter under Article 226 of the Constitution of India. In view of the aforesaid facts, the present writ petition is disposed of with liberty to the petitioners to avail alternative remedy available to them under the aforesaid provisions. October 8, 2025 Ranjeet Sahu Versus Counsel for Petitioner(s) : Devesh Tripathi, Sandeep Pandey, Sunil Kumar Tripathi Counsel for Respondent(s) : Rajesh Tewari (Arun Kumar,J.) M/S. V.S. Business Services And 2 Others .....Petitioner(s) Joint Director And 2 Others .....Respondent(s) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad